Heard counsel for the v. P. Tripathi, learned AGA for the State. Perused the material on record
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5348 of 2025 Ratan Alias Ratan Kumar State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) : Anjani Kumar Dubey, Deepak Upadhyay, Vishal Duvey Counsel for Opposite Party(s) : G.A. Court No. - 69 HON'BLE VIVEK VARMA, J. 1. As per office report dated 19.9.2025, notice of the present application has been served through daughter upon the opposite party no.2. However, no one appears on behalf of the opposite party no.2 nor any counter affidavit has been filed on his behalf.
Legal Reasoning
2. Heard counsel for the applicant and Sri V. P. Tripathi, learned AGA for the State. Perused the material on record. 3. The applicant was granted interim anticipatory bail vide order dated 15.7.2025 passed by this Court. The order is quoted herein below;- "1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.161 of 2024, under sections 376, 323, 354, 506 I.P.C., P.S. Bewar, District Mainpuri. 3. Counsel for the applicant submits that the applicant and the victim belong to the same family. Applicant has been falsely implicated in the instant case due to certain other dispute between the parties. In the first information report, there is no allegation of rape against the applicant. For the first time in the statement of the victim under Section 164 Cr.P.C. allegation of rape has been levelled. Further, the contradictions in the first information report, statement of the victim under Section 161 and 164 Cr.P.C. falsify the prosecution version. The medical report also does not support the prosecution version. During the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 02.07.2024 passed in Criminal Misc. Anticipatory Bail Application No. 6017 of 2024 (Ratan @ Ratan Kumar vs. State of U.P. and another). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Matter requires consideration. 2 NABAIL No. 5348 of 2025 5. Issue notice to the opposite party no. 2 returnable at an early date. 6. Learned A.G.A. prays for and is granted three weeks' time to file counter affidavit. Rejoinder, if any, may be filed within a week thereafter. 7. Place this case on 01.09.2025 in the additional cause list. 8. Till the next date of listing, in the event of arrest the applicant- Ratan Alias Ratan Kumar in the aforesaid case crime shall be released on interim anticipatory bail 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 make himself available on each and every date fixed in the matter by the court concerned. (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 from disclosing such facts to the Court. (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same." 4. Counsel for the applicant contends that pursuant to interim order dated 15.7.2025, the applicant had furnished bail bonds before the court concerned and is appearing before the court on the dates fixed. The applicant has not violated any conditions or misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made in the interim order dated 15.7.2025, considering the nature of accusations, antecedents of the applicant, and the fact that pursuant to the interim order dated 15.7.2025 the applicant is appearing before the concerned court on the dates fixed. Further, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 7. In the event of arrest, the applicant Ratan alias Ratan Kumar, involved in Case Crime No. 185/2024 (Case No. 230/2024), under Sections 109, 121(1), 352, 351(2), 132, 228 BNS, 2023 and 3 Prevention of Damages to Public Property Act, 1984, Police Station- Kuthond, District- Jalaun, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 make himself available on each date fixed in the matter 3 NABAIL No. 5348 of 2025 by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
Decision
9. The application stands disposed of. September 19, 2025 Manish Kr (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad