Vimlesh Beldar vs State of U.P.

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Neutral Citation No. - 2025:AHC:10628

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Court No. - 67

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 237 of 2025

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Applicant :- Vimlesh Beldar Opposite Party :- State of U.P.

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Counsel for Applicant :- Anil Kumar Yadav,Parmeshwar Yadav,Shiv Shankar Prasad Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Copy of the statement of the victim under Sections 180 B.N.S.S. and 183 B.N.S.S. produced by learned A.G.A. for the State are taken on record.

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Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record.

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The instant application under Section 482 of B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 372 of 2024, under Sections 69 of B.N.S., Police Station Paniyara, District Maharajganj.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Placing reliance on the statement of the victim under Section 183 B.N.S.S., it is contended that the applicant and the informant/victim were in consensual relationship for almost two years. The consensual sexual relationship which if continued between the parties for considerable period of time could not be said to have continued under the 'misconception of fact' under Section 28 B.N.S. and could not be said to be 'rape' under Section 63 B.N.S. No offence is made out against the applicant. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Prashant vs. State of NCT of Delhi, arising out of S.L.P. (Crl.) No. 2793 of 2024 decided on 20.11.2024. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that the applicant and the victim were in consensual relationship for a considerable

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period of time. The said relationship could not be said to have continued under the misconception of fact under Section 28 B.N.S. and could not be said to be 'rape' under Section 63 B.N.S., without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Vimlesh Beldar be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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(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 or to any police officer;

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(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 Police Commissioner concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 22.1.2025 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Vimlesh Beldar v. State of U.P.

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