HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7772 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 694 of 2024, under Sections 61(2), 137(2) of B.N.S., Police Station- Kasya, District- Kushinagar. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim is a major girl. The applicant had married the victim and both are living together as husband and wife. During the pendency of the investigation, the applicant as well as the victim approached this Court by filing Criminal Misc. Writ Petition No. 21676 of 2024 (Jyoti Sahani and 6 others vs. State of U.P and 4 others). The court vide order dated 11.12.2024 directed the Investigating Officer to record the statement of the victim under Section 180 B.N.S.S. and to produce the victim before the concerned Chief Judicial Magistrate for recording her statement under Section 183 B.N.S.S. and also to get her age determined. Pursuant, thereto, the statement of the victim was recorded under Sections 180 B.N.S.S and 183 B.N.S.S. As per the statement of the victim under Section 183 B.N.S.S., she left her house voluntarily and had gone to Gorakhpur and thereafter to Nepal. There is no allegation of kidnapping or abduction against the applicant. Further, as per the report of the A.C.M.O., Kushinagar, the victim was found to be aged 18 years. It is next contended Versus Counsel for Applicant(s) : Baijant Kumar Mishra, Manoj Kumar Tripathi, Mayank Tiwari Counsel for Opposite Party(s) : G.A. Sagar Rajbhar .....Applicant(s) State of U.P. .....Opposite Party(s) that at this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that as per the statement of the victim under Section 180 B.N.S.S. and 183 B.N.S.S., she had left her house voluntarily and had gone to Gorakhpur and thereafter to Nepal; there is no allegation of kidnapping or abduction or inappropriate behaviour against the applicant; as per the report of the A.C.M.O., Kushinagar, the victim was found to be aged 18 years; at this stage, there is no substantive evidence against the applicant, at this stage, there is no substantive evidence against the applicant, 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 Sagar Rajbhar, 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 them 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. NABAIL No. 7772 of 2025 2 (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 he 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 351 of B.N.S.S.. 7. 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. September 23, 2025 Sachin Mishra NABAIL No. 7772 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad