Neutral Citation No. - 2025:AHC:82091 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2590 of 2025 Applicant :- Abhinav @ Kundan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard learned 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. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.0024 of 2024, under sections 323, 506, 366, 120B I.P.C., P.S. Kerakat, District Jaunpur. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 16.1.2024. The first informant report was lodged on 19.1.2024. The delay is fatal to the prosecution case. The victim in her statement under Section 161 Cr.P.C. has not levelled any allegations against the applicant. However, the victim in her statement 164 Cr.P.C. stated an entirely different version. The said statement has been made to aggravate the offence and save the failing prosecution case. The inconsistencies in the said statements discredit the prosecution case. At this stage, there is no credible evidence to link the applicant with the offence. The case of the applicant is clearly distinguishable from that of co-accused Gulshan. The applicant has no criminal antecedents. It is next submitted that the 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. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that the delay in lodging the first information report is fatal to the prosecution case; there are inconsistencies in the statements of the victim under Section 161 Cr.P.C. and 164 Cr.P.C.; 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 till the submission of police report. 8. In the event of arrest, the applicant Abhinav @ Kundan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 17.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad