Neutral Citation No. - 2025:AHC:12805 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 106 of 2025 Applicant :- Udayveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.322 of 2024, under section 69 B.N.S., P.S. Afzalgarh, District Bijnor. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the informant/victim were in consensual relationship for four years. It is contended that the consensual sexual relationship which if continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 28 of BNS and could not be said to be 'sexual intercourse by employing deceitful means' under Section 69 of BNS. Further, during the course of investigation the applicant was granted protection by this Court till the submission of police report vide order dated 11.11.2024 passed in Criminal Misc. Writ Petition No. 19561 of 2024 (Udayveer Singh vs. State of U.P. and 2 others). The investigation of the case has been completed. Charge-sheet has been filed. The applicant has no criminal antecedents. The applicant has been summoned by the concerned court. It is next submitted that the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular of the fact, that the applicant and victim were in consensual relationship for four years, the consensual sexual relationship which if continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 28 of BNS and could not be said to be 'sexual intercourse by employing deceitful means' under Section 69 of BNS, the fact that during course of investigation the applicant was granted protection by this Court, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Udayveer Singh, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (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; (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 concerned court. 7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 24.1.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad