Neutral Citation No. - 2025:AHC:137744 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6284 of 2025 Applicant :- Gulam Gausal Wara Rabbani Opposite Party :- State of U.P. Counsel for Applicant :- Bhaskar Singh,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copies of the statement of the victim under Sections 180 and 183 BNSS and statement of the father of the victim produced by learned AGA, are taken on record. 2. Heard Sri Bhaskar Singh, learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 196 of 2024, under Sections 137(2), 87 B.N.S., Police Station Kotwali, District Gorakhpur. 4. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by the father of the victim. The said statement, insofar as it implicates the applicant is unreliable. It is contended that the victim in her statements under Section 180 BNSS recorded on 19.07.2025 and under Section 183 BNSS recorded on 29.07.2025 has stated that she left her house voluntarily and had gone to Surat (Gujrat), as her parents wanted to marry her with an aged person against her will. She stayed at Surat for almost one and half year. There is no allegation against the applicant. At this stage, there is no credible evidence to link the applicant with the offence. Further, the applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. and the counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant in particular the fact, that the applicant was not named in the first information report; the name of the applicant was disclosed by the father of the victim; the victim in her statements under Sections 180 and 183 BNSS has stated that she left her house voluntarily and had gone to Surat (Gujrat), as her parents wanted to marry her with an aged person against her will; she stayed at Surat for almost one and half year; there is no allegation against the applicant; at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Gulam Gausal Wara Rabbani 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 13.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad