Ankit Kumar Rajput Vs State of U.P. Thru. Secy. Home Civil Sectt. Lko

Neutral Citation No. - 2025:AHC-LKO:16513

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2575 of 2024

Applicant :- Ankit Kumar Rajput Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Arjun Singh Somvanshi Counsel for Opposite Party :- G.A.,Aakash Srivastava,Apoorv Srivastava

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Arjun Singh Somvanshi, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A.-I for the State as well as Shri Apoorv Srivastava, learned counsel for the informant and perused the record.

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By means of this application, the applicant is seeking anticipatory bail in Case Crime No.467 of 2024 under Section 376 I.P.C., Police Station Bilgram, District Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.10.2024 stating that the applicant used to study with the informant in the same school from class 1 to 6, which school is owned by the applicant's father. The applicant served as a teacher in the same school since 2018 May, 2024. During this period, a loving relation was developed between the informant and the applicant and the applicant made physical relations with the informant. Prior to it, the parties had married each other in a temple by exchanging garlands, thereafter, the applicant declined to marry the informant.

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The applicant was granted interim anticipatory bail by means of the following order passed on 23.11.2024:-

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"Heard.

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This court has passed the order dated 21.11.2024, which reads as

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under:-

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"1. Heard Sri Arjun Singh Somvanshi, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned AGA for the State and Sri Aakash Srivastava, who has filed counter affidavit alongwith Vakalatnama on behalf of prosecutrix/ informant with Sri Apoorv Srivastava. Said counter affidavit alongwith Vakalatnama is taken on record.

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2. Learned counsel for the applicant has filed rejoinder affidavit, the same is also taken on record.

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3. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.467 of 2024, under Section 376 IPC, Police StationBilgram, District- Hardoi.

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4. Perusal of the anticipatory bail application and the aforesaid affidavits reveals that there are some WhatsApp chats between the parties. As per learned counsel for the applicant, the applicant is just a friend of informant/ prosecutrix and has not established any physical relation till date, though the informant/ prosecutrix was insisting for that and the FIR is highly belated.

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5. Learned counsel for the informant/ complainant has stated that since the applicant and the informant were in relation for the last couple of years and were ready to get married but as soon as the applicant refused to get married with the informant despite the fact that they have established consensual physical relation, she lodged the impugned FIR.

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6. List/ put up on 23.11.2024.

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7. On that date, the applicant and the informant shall appear in person alongwith their counsels.

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8. This matter may be taken up at 12:45 PM.

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9. Till the next date of listing, no coercive steps shall be taken against the present applicant.

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10. When the case is next listed, names of Sri Aakash Srivastava and Sri Apoorv Srivastava shall be printed in the cause list as counsel for the informant/ complainant."

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In compliance of the aforesaid order, the applicant Ankit Kumar Rajput and the prosecutrix(X) are present in person. The applicant has stated that the WhatsApp chats which has been annexed with the

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counter affidavit of the prosecutrix are concocted and have been prepared to implicate the present applicant falsely. Disputing the aforesaid contention of the complainant, the prosecutrix (X) has stated that the complainant has not filed correct WhatsApp chats and she has filed the correct WhatsApp chats, therefore, such evidence may be taken into consideration and direction may be issued to the Investigating Officer to verify the aforesaid aspect taking help from the expert.

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Sri Arun Verma, learned AGA has submitted that the copy of the counter affidavit of the prosecutrix may be provided to the Investigating Officer by him and since the investigation is pending, therefore, sometime may be given to complete the investigation and the applicant may be directed to cooperate in the investigation as he is not cooperating in the investigation. Sri Verma has further submitted that as soon as the aspect of WhatsApp chats are verified, the counter affidavit may be filed by the AGA.

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Considering the aforesaid submission of the learned counsel for the parties, it appears that the matter requires consideration.

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Let the counter affidavit be filed within a period of four weeks.

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Rejoinder affidavit, if any, may be filed within a period of one week.

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List in the week commencing 13.01.2025.

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Till the next date of listing or till completion of investigation and filing of police report, let the applicant, Ankit Kumar Rajput be granted interim anticipatory bail on his furnishing two sureties and personal bonds of Rs. 25,000/- before the arresting officer/court concerned with the following conditions:-

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1. that the applicant shall appear before the Investigating Officer on 26.11.2024 at 11:00 A.M. to cooperate in the investigation and shall further cooperate in the investigation.

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2. that the applicant shall provide evidence/material to the Investigating Officer which are within his possession.

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3. that if the present applicant does not appear before the Investigating Officer on the date fixed or does not cooperate in the investigation properly, the application for cancellation of this protection may be filed by the State even before the next date of listing.

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4. that the applicant shall appear before the trial court on each date fixed unless his personal presence is exempted;

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5. 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

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6. that the applicant shall not leave India without prior permission of the court;

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7. that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial;

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8. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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9. that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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It is needless to say that the prosecutrix shall also cooperate in the investigation."

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The State as well as the informant has filed counter affidavits. The informant stated in her statement recorded under Section 180 B.N.S.S. that she had some photographs and video recording as proof of the allegations, but all of the got damaged. The Medico legal examination report mentions no mark of injury or sign of use of force.

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Learned counsel for the informant has vehemently opposed the prayer of anticipatory bail application of the applicant and he has submitted that the applicant had promised to marry the informant and thereafter, he declined to marry her.

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Having considered the aforesaid facts and circumstances of the case even as per the informant's allegations, it does not prima facie appears that the applicant's intention since inception was to deceive the informant.

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Keeping in view the aforesaid facts, this Court does not find sufficient ground to take a view different from the one taken at the

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time of grant of interim anticipatory bail vide order dated 23.11.2024. Accordingly, the interim anticipatory bail granted to the applicant by means of an order dated 23.11.2024 is made absolute and this anticipatory bail application stands allowed in terms of the aforesaid interim order.

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[Subhash Vidyarthi,J.]

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Order Date :- 21.3.2025 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ankit Kumar Rajput v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

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Ankit Kumar Rajput v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

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