ROHIT KUMARversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9141 of 2026

Rohit Kumar
                                                           .....Applicant(s)
                                  Versus

State of U.P. and Another
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Rama Shankar Mishra
Counsel for Opposite Party(s) : G.A., Rajeev Kumar Srivastava, Saagar
                                Srivastava

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. 195 of 2026, under Section 69, 191(2), 352,
351(3) BNS, Police Station- Mahawan, 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 submits that applicant has been
falsely implicated in the present case. The allegation is of the applicant
making a false promise of marriage to the victim and then living with her
as her husband since the year, 2023. Learned counsel for applicant
contends that assuming without admitting the allegations of the F.I.R. are
correct, the offence took place in the year, 2023 i.e. before the
enforcement of the B.N.S. on 01.07.2024. He further contends that the
applicant has been selected in the U.P. Police and only to thwart his
joining, this false F.I.R. has been lodged.

4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail and has submitted that applicant is the primary accused in the present
case and he has taken advantage of the victim by promising her marriage
and then after taking advantage of her physically has refused to perform
marriage. The Learned A.G.A. has not disputed that the applicant has no
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criminal antecedents.

5. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.

6. From the material on record, it appears that the applicant and the victim
was in a long standing relationship. The F.I.R. has been lodged after three
years of the commencement of the relationship between the parties. From
the statement under Section 183 B.N.S.S. and the other material collected
during investigation, in the prima facie opinion of the Court, the
relationship between the parties appears to have broken down.

7. Taking into account all the facts and circumstances of the case, as also
the fact that the applicant has no criminal history, 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 Rohit Kumar, he shall be
released forthwith in the aforesaid case crime on anticipatory bail on
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;
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                                    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.



                                                                                   (Rajiv Lochan Shukla,J.)
                                    September 8, 2026
                                    Sartaj




Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad