Neutral Citation No. - 2025:AHC:82509 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3211 of 2025 Applicant :- Mohd. Azam And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Shukla,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, 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. 19 of 2025, under Sections 333, 115(2), 352, 351(3), 70(1) of B.N.S., Police Station Dilari, District Moradabad, with the prayer that in the event of arrest, applicants may be released on anticipatory bail. 3. The F.I.R. dated 14.02.2025 was lodged by the informant on the basis of an application moved under Section 175(3) of B.N.S.S. with the allegation that on 23.01.2025 at about 8:30 p.m. when she was all in her parental house all the accused entered into the house while hurling abuse and started assaulting her with the butt of their country made pistols and the two accused Mohd. Azam and Mohd. Faizan committed her rape, thereafter, they fled away after threatening her. 4. Learned counsel for the applicants submits that as per prosecution case the alleged incident took place on 23.01.2025, regarding which the F.I.R. was lodged on 14.02.2025. In her statement recorded under Section 180 B.N.S.S. the victim/ informant has stated that she had not sustained any injury. There is no injury report or medical examination report of the victim on the record to substantiate the allegations levelled against the applicants. Thus, it has been argued that applicants are innocent and have been falsely implicated in the case. There is an apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has further been submitted that applicants have no criminal antecedents and that no coercive process has been issued against the applicants so far. It was also submitted that applicants undertake to cooperate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will cooperate 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 that no any injury report or medical examination report of the victim is on the 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 applicants 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 applicants- Mohd. Azam, Mohd. Faizan, Mohd. Jishan and Bhura, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on their furnishing a personal bond of Rs. 50,000/- each 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) the applicants 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 applicants would cooperate 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 applicants. Order Date :- 17.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad