HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7412 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 119 of 2024, under Sections 376, 506 I.P.C., Police Station Kotwali City, District Saharanpur, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Learned counsel further submits that applicant is named along with one other accused. The allegation against the applicant is that on account of having acquaintance with the victim from childhood the applicant developed friendship with her and one day he made sexual relations with her forcibly and thereafter on the threats of obscene videos made by him he used to make sexual relations with her several times. Learned counsel further submits that in her statement recorded under Section 164 Cr.P.C. the victim has specifically stated that they both were in relationship and they used to talk with each other from 8-10 years. After investigation the police has submitted charge sheet against the applicant. Learned counsel further submits that the F.I.R. is highly belated without there being any plausible explanation of delay as the same has been lodged after more than one month of the alleged incident which occurred lastly, which also creates doubt about the veracity of prosecution case. There is no video on record as alleged by the victim. Moreover, there are material contradictions in the prosecution version and the present prosecution has been launched against him only to create pressure upon the applicant to Versus Counsel for Applicant(s) : Gaurav Kakkar, Raghvendra Prakash Counsel for Opposite Party(s) : G.A. Vivek Lamba .....Applicant(s) State of U.P. and Another .....Opposite Party(s) marry with the victim. Learned counsel lastly argued that from the statement of the victim recorded under Sections 161 and 164 Cr.P.C. it appears that whatever sexual relations were developed between them the same appear to be consensual and the victim appears to be a consenting party. It has further been submitted that applicant has no criminal antecedents and that after filing of charge sheet the court concerned has taken cognizance thereupon and has summoned the applicant vide order dated 17.01.2025, thus there is apprehension that applicant may be arrested in the present case. 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. 4. Learned A.G.A. for the State has opposed the application for anticipatory bail. 5. 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. 6. 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. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicant-Vivek Lamba, 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 NABAIL No. 7412 of 2025 2 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. 9. 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. September 10, 2025 Mustaqeem. NABAIL No. 7412 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad