Neutral Citation No. - 2025:AHC:107771 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3528 of 2025 Applicant :- Mohit Kumar @ Neetu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Rajendra Singh learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application under Section 482 of B.N.S.S. has been moved seeking anticipatory bail in Sessions Trial No. 220 of 2018 arising out Case Crime No.250 of 2013 under Section 376D I.P.C., and Section 3 (5)6 of POCSO Act, Police Station Khatauli, District Muzaffar Nagar, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant 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. 4. Learned A.G.A. has opposed the application for anticipatory bail. 5. The instant anticipatory bail application has been under Section 482 of B.N.S.S. and Section 482(4) of B.N.S.S.2023 reads as under: "The provisions for anticipatory bail under Section 482 do not apply to cases involving accusations of rape under Section 65 or gang rape under Section 70(2) of the Bharatiya Nyaya Sanhita (BNS). In simpler terms, if someone is accused of these specific sexual offences, they cannot seek anticipatory bail under the provisions of Section 482 of the BNSS." 6. In view of above, the present anticipatory bail is not maintainable and is dismissed. Order Date :- 8.7.2025/S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad