Neutral Citation No. - 2025:AHC:121593 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5862 of 2025 Applicant :- Dharmendra Narayan Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Bhushan Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Sri Amit Kumar Mishra, learned counsel has filed his power on behalf of the informant today in the Court, which is taken on record. 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. 304 of 2024, under Sections 69, 115(2), 351(3), 324(4), 88 B.N.S., Police Station George Town, District Prayagraj with the prayer that in the event of arrest, applicant may be released on bail. 4. Learned counsel for the applicant submits that the allegation against the applicant is that on the pretext of marriage the applicant has committed rape with the informant/victim. Learned counsel for the applicant submits that the applicant and the informant are P.hd. students and they had a love affair. He further submits that the victim/informant is aged about 28 years, who was in consensual relationship with the applicant and to demonstrate the same, learned counsel has submitted that the incident for the first time occurred on 14.10.2023 whereas the F.I.R. was lodged on 26.12.2024 i.e. after a lapse of more than one year and two months. Learned counsel has submitted that the victim in her statement recorded under Section 183 Cr.P.C. has stated that on 14.10.2023 the applicant took him to Lucknow on the pretext of providing job and after dinner he arranged a room in a hotel but in the late hours, the applicant entered into her room and committed rape and maarpeet with her and also levelled allegation of blackmailing on the pretext of video recording. Learned counsel argued that the in fact, the victim is a consenting party and no rape has been committed by the applicant. Learned counsel also argued that there is no video recording available on record to demonstrate that the applicant had blackmailed the victim. It is thus contended that the applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, inspite of the fact that there is no credible evidence against him, yet the investigation officer submitted the charge in per-functionary manner without any cogent evidence against him. It has further been submitted that applicant undertakes to co-operate during 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. 5. Learned A.G.A. as well as learned counsel for the informant have opposed the application for anticipatory bail. Learned counsel for the informant further argued that the applicant is threatening the applicant and there is recording of the threatening calls but could not dispute the fact that the video is available on 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 applicant 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 applicant Dharmendra Narayan MIshra, involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Court subject to the following conditions :- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear before the trial Court on each and every dates fixed. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 24.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad