Neutral Citation No. - 2025:AHC:141288 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6625 of 2025 Applicant :- Banti Shakya Alias Hemant Shakya Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Shri Rajesh Kumar, Advocate has filed his vakalatnama on behalf of informant which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no. 160 of 2019, under Section 376 I.P.C., Police Station Premnagar, District Jhansi, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Learned counsel further submits that in the allegation of rape as alleged in the first information report or in the statement of victim recorded under Section 164 Cr.P.C., neither the day nor the time of such an incident has been disclosed and that relationship was allegedly spanned over five years. Thus, false and frivolous allegations have been made without disclosure of time and date of such offence. Learned counsel further submits that after investigation the charge sheet was filed against the applicant. Learned counsel further submits that with efflux of time the parties amicably settled their dispute outside the court. On the basis of settlement so arrived at between the parties, a compromise was entered into. Subsequently, the term of compromise entered into them was reduced in writing by way of compromise deed dated 05.11.2024 (Annexure-9). It is thus argued, that the applicant has no criminal antecedents and that no coercive process has been issued against him so far. It has also been submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the trial and would obey all the conditions of bail. 5. Learned A.G.A. for the State as well as learned counsel for the informant have opposed the application for anticipatory bail, but they could not dispute the above fact that both the parties have settled their dispute by way of aforesaid compromise deed. 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- Banti Shakya Alias Hemant Shakya, 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 court concerned with the following conditions :- (i) The applicant shall attend the court proceedings as and when required and shall not sought any unnecessary adjournment. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence. (iii) the applicant shall cooperate during trial and would not misuse the liberty of bail. 10. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 19.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad