Neutral Citation No. - 2025:AHC:82564 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2659 of 2025 Applicant :- Sandeep Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajneesh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 496 of 2024, under Sections 64, 191(2), 115(2), 351(3) of B.N.S., Police Station Bhogaon, District Mainpuri, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. The F.I.R. dated 21.12.2024 was lodged by the informant against the applicant and other accused persons alleging therein that informant is married woman and having a seven year daughter. Her husband used to live outside for earning his livelihood. On 06.07.2024 at about 12:00 noon when she went to agricultural field to attend nature call the applicant caught her and committed her rape on gun point, thereafter he fled away while threatening. After some time she found that she is carrying pregnancy, thereafter she told the incident to her husband. Thereafter her husband reached at the house of applicant, then the accused persons stated that they will got remove her pregnancy. On this the husband of the informant told that Sandeep should solemnize marriage with his wife and he will not kept her wife. Thereafter, after some days the accused persons got prepared agreement of divorce and marriage agreement, on account of which her husband left her and the applicant has also not solemnize marriage with her. 4. Learned counsel for the applicant submits that though the victim/ informant in her statements recorded under Sections 180 and 183 B.N.S.S. has repeated the version of the F.I.R. but she has refused for her medical examinations. Thus, in absence of any medical evidence it cannot be said that applicant has committed rape upon the victim. Learned counsel further submits that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail. However, it could not be disputed there is no medical evidence on record. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Sandeep, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on his 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail. 10. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 17.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad