HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9141 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 195 of 2026, under Section 69, 191(2), 352, 351(3) BNS, Police Station- Mahawan, District -Mathura, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. The allegation is of the applicant making a false promise of marriage to the victim and then living with her as her husband since the year, 2023. Learned counsel for applicant contends that assuming without admitting the allegations of the F.I.R. are correct, the offence took place in the year, 2023 i.e. before the enforcement of the B.N.S. on 01.07.2024. He further contends that the applicant has been selected in the U.P. Police and only to thwart his joining, this false F.I.R. has been lodged. 4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail and has submitted that applicant is the primary accused in the present case and he has taken advantage of the victim by promising her marriage and then after taking advantage of her physically has refused to perform marriage. The Learned A.G.A. has not disputed that the applicant has no Versus Counsel for Applicant(s) : Rama Shankar Mishra Counsel for Opposite Party(s) : G.A., Rajeev Kumar Srivastava, Saagar Srivastava Rohit Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) criminal antecedents. 5. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 6. From the material on record, it appears that the applicant and the victim was in a long standing relationship. The F.I.R. has been lodged after three years of the commencement of the relationship between the parties. From the statement under Section 183 B.N.S.S. and the other material collected during investigation, in the prima facie opinion of the Court, the relationship between the parties appears to have broken down. 7. Taking into account all the facts and circumstances of the case, as also the fact that the applicant has no criminal history, and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant Rohit Kumar, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 him from disclosing such facts to the Court or to any police officer; iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; NABAIL No. 9141 of 2026 2 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 8, 2026 Sartaj NABAIL No. 9141 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad