Neutral Citation No. - 2025:AHC:83231 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2898 of 2025 Applicant :- Kamal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. On last occassion, i.e., 06.05.2025, Shri Monark Tripathi, learned counsel had prayed for filing his vakalatnama on behalf of informant, but today when the case is taken up no one has appeared on her behalf. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no. 119 of 2025, under Sections 69, 191(2), 115(2), 352, 351(3) of B.N.S., Police Station Tajganj, District Agra, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 4. The F.I.R. dated 14.02.2025 was lodged alleging therein that the informant is a married woman, having three children. Her husband left her and she is now living with her parents along with her children. She used to work as maid. One day the applicant met her and finding her all alone he gave her intoxicated drink and committed her rape and also made her obscene video. Thereafter, on being asked by the mother of the informant the applicant shows his willingness to kept her and too her for four years. When she again asked about to solemnize marriage with her all the accused persons while threatening her expelled her from the house. 5. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. He has not committed any such offence as alleged in the F.I.R. There are material contradictions in the statements of prosecutrix under Section 180 and 183 of B.N.S.S. There is 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 cooperate 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 cooperate with the investigation and would obey all conditions of bail. 6. Learned A.G.A. has opposed the application for anticipatory bail by contending that serious allegations have been made against the applicant for making a video of a woman and showing the video pressurizing the prosecutrix to make relationship forcibly. One minor daughter of the prosecutrix, in her statement recorded before the police has specifically stated that on the pretext of providing job the applicant took her mother and other children and took them along with him for four years and whenever her mother asked for marriage he used to beat her. Thus, this child witness has also made categorical statement against the applicant, therefore, the applicant does not deserve to any indulgence at this stage. 7. 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. 8. 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, no case for anticipatory bail is made out. 9. The anticipatory bail application is rejected. Order Date :- 19.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad