HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8924 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.0171 of 2026, under Sections 351(3), 352, 333 & 64(1) of the B.N.S., P.S.- Mant, 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 has contended that the applicant has been falsely implicated in the present case. The FIR has been lodged after a delay of five days. The medical report does not substantiate the allegations of forcible rape.The applicant has no criminal antecedents. Learned counsel for the applicant has further denied the making of any compromising video of the victim taking a bath. Learned counsel for the applicant has further contended that there are WhatsApp chats and call details which indicate that the victim and the applicant were in a consensual extra marital relationship. 4. The Learned A.G.A. has opposed the prayer for grant of anticipatory Versus Counsel for Applicant(s) : Rahul Kumar Sharma, Vipul Babu Sharma Counsel for Opposite Party(s) : G.A. Kunan Urf Kunal .....Applicant(s) State of U.P. .....Opposite Party(s) bail and has contended that the applicant is the solitary named accused in the case. Specific allegations of rape have been made against the applicant and he may not be considered for grant of anticipatory bail. 5. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record. 6. The disputed defence of the applicant with respect to the victim being in a consensual relationship with the applicant cannot be gone into at this stage. However, a perusal of the statement recorded under Section 180 BNSS of the victim indicates that she has not made allegations of rape against the applicant and only of the applicant trying to force himself upon her. In the statement recorded under Section 183 BNSS, allegations of rape have been made.The victim is stated to be alone at her house with her minor three year old child when the applicant is said to have forced himself upon her and had also beaten up the husband of the informant when he had come while the applicant was allegedly escaping after committing rape upon her. From the delay in lodging of the FIR, the contradictions between the statements recorded under Sections 180 and 183 BNSS, in the prima facie opinion of the Court, taking into consideration all the other circumstances, false implication of the applicant cannot be ruled out. 7. Taking into account all the facts and circumstances of the case 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 Kunan Urf Kunal, he shall be released forthwith in the aforesaid case crime on anticipatory bail on NABAIL No. 8924 of 2026 2 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; 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 9, 2026 Sachin NABAIL No. 8924 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad