Neutral Citation No. - 2025:AHC:40136 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2199 of 2025 Applicant :- Hemant Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Pal,Shad Khan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.731 of 2024, under Sections 328, 376, 354, 386 and 506 I.P.C., P.S. Nandgram, District Ghaziabad, during pendency of trial. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation of rape and extortion has been levelled against the co-accused Vikas Kumar. The charge sheet has been submitted against the applicant. It is next submitted that co- accused Kapil has been granted anticipatory bail during pendency of trial, hence the applicant is also entitled to be enlarged on bail on the ground parity. Instant case is squarely covered under section 482 B.N.S.S. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the allegation of rape and extortion has been levelled against the co-accused, Vikas Kumar, the fact that the co-accused, Vikas Kumar has been granted bail by the Additional District and Sessions Judge, Special Judge (POCSO Act), Court No. 2, Ghaziabad and further co-accused Kapil has been granted bail by the Co-ordinate Bench of this Court vide order dated 05.03.2025 passed in Crl. Misc. Anticipatory Bail Application No.1789 of 2025, at this stage, there is no substantive evidence against the applicant. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Hemant 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 make himself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 20.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad