Neutral Citation No. - 2025:AHC:118394 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2789 of 2025 Applicant :- Shashwat Sharma @ Ayush Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopal Krishna,Mani Shankar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the statement of victim under Section 164 Cr.P.C., produced by learned AGA, is taken on record. 2. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.39 of 2024, under section 364 I.P.C., P.S. Sarai Inayat, District Prayagraj. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the statement of the victim under Section 161 Cr.P.C. there is no allegation against the applicant. Further, the victim in her statement under Section 164 Cr.P.C. has stated that the applicant was named in the first information report on account of misunderstanding. It is next contended, at this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that in the statement of the victim under Section 161 Cr.P.C. there is no allegation against the applicant, subsequently, the victim in her statement under Section 164 Cr.P.C. has stated that the applicant was named in the first information report on account of misunderstanding, further at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Shashwat Sharma @ Ayush Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 21.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad