High Court · 2025

Anadi Kumar Singh, learned counsel for the informant as well as Shri Arvind Kumar Pandey, learned AGA for the State and perused the record.

2. By means of this application, the applicant is seeking anticipatory bail in case crime/ F.I.R No.0161/2024, under Sections 69, 351(3) and 75 of BNS and Section 3/4 Dowry Prohibition Act, P.S. Talkatora, District Lucknow.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.08.2024 against the applicant and his unnamed friends, alleging that the informant used to talk to the applicant and developed a relationship. The applicant made physical relations with the informant under allurement of marrying her, but thereafter, the informant came to know that the applicant had got engaged with some other girl on 24.04.2024. Although, the informant leveled allegations against the applicant and his unnamed friends, she stated that she still wants to marry the applicant. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and has falsely been implicated in the present case and he is not having any criminal history.

4. The applicant was granted interim anticipatory bail by means of the following order passed on 30.09.2024:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No.0161/2024, under Sections 69, 351(3) and 75 of BNS and Section 3/4 Dowry Prohibition Act, P.S. Talkatora, District Lucknow. It is alleged in the prosecution case that on the pretext of marriage several times physical relationship has been made by the applicant with the victim since 2017. Learned counsel for the applicant submits that recently, she came to know that applicant is engaged and due to marriage in the month of November, 2024, she has lodged the present F.I.R. He submits that F.I.R. is highly delayed. There is no explanation of delay in the F.I.R. Applicant is innocent. There is no corroborative evidence with the prosecution case. Victim is major and only because the applicant does not wish to marry with the victim she has lodged the F.I.R. which is evident from perusal of the F.I.R. Learned counsel for the applicant submits that the applicant has no criminal history; he undertakes that applicant will cooperate in the investigation. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is granted two weeks' time to file counter affidavit. List on 05.11.2024. Considering the above aspect of the matter, perusal of the record as well as the fact that applicant has no criminal history, prima facie ingredients to attract Section 69 BNS appears to be missing, undertaking given by the applicant's counsel that applicant will cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and shall report to the Investigating Officer within fifteen days from today and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."

5. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 24.10.2024. In the statements of the informant recorded under Section 183 BNSS, she stated that the applicant had taken her to the house of her own friend, where he administered some intoxicated substance and thereafter, the applicant raped her. After she regained consciousness, the applicant said that he had prepared her video and photos and thereafter, he blackmailed her. The informant became pregnant in January, 2022, but the applicant gave her some medicines due to which, her pregnancy was aborted. The informant stated that for the first time, the applicant had made physical relations on

08.12.2018. The date of birth of the informant is 20.05.1999 and she was major even at that time. In the statement recorded under Section 183 BNSS, the informant reiterated her version. In the medico legal examination report of the informant, no abnormality has been reported.

6. The informant has put in appearance through an advocate, but she has not filed any counter affidavit.

7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the relations between the informant and the applicant were continuing right from 2018 and the informant was major even at that point of time and she was responsible enough to understand the repercussions of her actions; that there is no material to even prima facie suggest that the intention of the applicant since inception was to deceive the informant and that the applicant has no criminal history and he has already furnished bail bonds in compliance of interim order dated 30.09.2024, this Court finds no good ground to take a view different from the one taken at the time of grant of interim anticipatory bail vide order dated 30.09.2024. Accordingly, the interim anticipatory bail granted to the applicant by means of an order dated

30.09.2024. is made absolute and this anticipatory bail application stands allowed in terms of the aforesaid interim order. Order Date :- 21.3.2025 Gurpreet Singh [Subhash Vidyarthi,J.] GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Anadi Kumar Singh, learned counsel for the informant as well as Shri Arvind Kumar Pandey, learned AGA for the State and perused the record.

2. By means of this application, the applicant is seeking anticipatory bail in case crime/ F.I.R No.0161/2024, under Sections 69, 351(3) and 75 of BNS and Section 3/4 Dowry Prohibition Act, P.S. Talkatora, District Lucknow.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.08.2024 against the applicant and his unnamed friends, alleging that the informant used to talk to the applicant and developed a relationship. The applicant made physical relations with the informant under allurement of marrying her, but thereafter, the informant came to know that the applicant had got engaged with some other girl on 24.04.2024. Although, the informant leveled allegations against the applicant and his unnamed friends, she stated that she still wants to marry the applicant. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and has falsely been implicated in the present case and he is not having any criminal history.

4. The applicant was granted interim anticipatory bail by means of the following order passed on 30.09.2024:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No.0161/2024, under Sections 69, 351(3) and 75 of BNS and Section 3/4 Dowry Prohibition Act, P.S. Talkatora, District Lucknow. It is alleged in the prosecution case that on the pretext of marriage several times physical relationship has been made by the applicant with the victim since 2017. Learned counsel for the applicant submits that recently, she came to know that applicant is engaged and due to marriage in the month of November, 2024, she has lodged the present F.I.R. He submits that F.I.R. is highly delayed. There is no explanation of delay in the F.I.R. Applicant is innocent. There is no corroborative evidence with the prosecution case. Victim is major and only because the applicant does not wish to marry with the victim she has lodged the F.I.R. which is evident from perusal of the F.I.R. Learned counsel for the applicant submits that the applicant has no criminal history; he undertakes that applicant will cooperate in the investigation. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is granted two weeks' time to file counter affidavit. List on 05.11.2024. Considering the above aspect of the matter, perusal of the record as well as the fact that applicant has no criminal history, prima facie ingredients to attract Section 69 BNS appears to be missing, undertaking given by the applicant's counsel that applicant will cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and shall report to the Investigating Officer within fifteen days from today and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."

5. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 24.10.2024. In the statements of the informant recorded under Section 183 BNSS, she stated that the applicant had taken her to the house of her own friend, where he administered some intoxicated substance and thereafter, the applicant raped her. After she regained consciousness, the applicant said that he had prepared her video and photos and thereafter, he blackmailed her. The informant became pregnant in January, 2022, but the applicant gave her some medicines due to which, her pregnancy was aborted. The informant stated that for the first time, the applicant had made physical relations on

08.12.2018. The date of birth of the informant is 20.05.1999 and she was major even at that time. In the statement recorded under Section 183 BNSS, the informant reiterated her version. In the medico legal examination report of the informant, no abnormality has been reported.

6. The informant has put in appearance through an advocate, but she has not filed any counter affidavit.

7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the relations between the informant and the applicant were continuing right from 2018 and the informant was major even at that point of time and she was responsible enough to understand the repercussions of her actions; that there is no material to even prima facie suggest that the intention of the applicant since inception was to deceive the informant and that the applicant has no criminal history and he has already furnished bail bonds in compliance of interim order dated 30.09.2024, this Court finds no good ground to take a view different from the one taken at the time of grant of interim anticipatory bail vide order dated 30.09.2024. Accordingly, the interim anticipatory bail granted to the applicant by means of an order dated

30.09.2024. is made absolute and this anticipatory bail application stands allowed in terms of the aforesaid interim order. Order Date :- 21.3.2025 Gurpreet Singh [Subhash Vidyarthi,J.] GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench