Neutral Citation No. - 2025:AHC:40224 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2214 of 2025 Applicant :- Atul Kumar Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Pratap Singh,Lal Mani Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Manzoor Mohd. Ansari, Advocate has filed his vakalatnama on behalf of the informant. The same is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party no. 1, as well as counsel for the informant-opposite party no. 2, and perused the material placed on record. 3. This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 161 of 2024, under Sections 376, 328, 504, 506 I.P.C., Police Station Phoolpur, District Prayagraj. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the informant-victim were in consensual relationship for more than two years. The consensual sexual relationship which if continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 90 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. No offence under Section 376 I.P.C. is made out. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Prashant vs. State of NCT of Delhi, arising out of S.L.P. (Crl.) No. 2793 of 2024 decided on 20.11.2024. Further, during the course of investigation, the applicant was granted anticipatory bail till submission of Police report by this Court vide order dated 22.08.2024 passed in Criminal Misc. Anticipatory Bail Application No. 8058 of 2024 (Atul Kumar Gautam vs. State of U.P. and Another).Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. and counsel for the informant have 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 learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant and the informant- victim were in consensual relationship for more than two years, during the course of investigation, the applicant was granted anticipatory bail till submission of Police report by this Court. Charge-sheet has been filed. 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. 7. In the event of arrest, the applicant Atul Kumar Gautam, 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. 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 :- 20.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad