RAJNEESH MISHRA ALIAS VIKAS MISHRAversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9620 of 2026

Rajneesh Mishra Alias Vikas Mishra
                                                              .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)          : Ambrish Tewari, Rajeshwari Prasad
Counsel for Opposite Party(s)     : G.A., Rajesh Kumar Yadav

Court No. - 72
                 HON'BLE VIVEK KUMAR SINGH, J.

1. Heard Sri Rajeshari Prasad, learned counsel for the applicant, Sri Rajesh
Kumar Yadav, learned counsel appearing for the informant and learned
A.G.A for the State and perused the record.

2. The present application has been filed on behalf of the applicant in Case
Crime No. 150 of 2026, under Section 64, 351(3) BNS and Section 67 of
I.T. Act, Police Station Katra, District Shahjahanpur with a prayer to grant
him anticipatory bail.

3. Learned counsel for the applicant submits that the applicant is absolutely
innocent and has been falsely implicated in the present case. He has nothing
to do with the alleged offence in spite of that the police are trying to arrest
the applicant. The alleged incident is said to have taken place in the month
of February, 2025, whereas the first information report was lodged after
three months on 22.5.2025, under Section 351(3) BNS and Section 67 of I.T.
Act. No allegation of rape has been levelled in the first information report
rather the informant alleged that he saw the applicant and the victim in a
compromising position and on resistance the victim alleged that she is in
love with the applicant and the marriage between the victim and the
informant was solemnized under pressure. Later on, when statements of the
victim was recorded under Sections 180 BNSS and 183 BNSS, she alleged
that she was subjected to rape by the applicant, however, no date was
mentioned by the victim in her statement. On the basis of statement of the
victim, the Investigating Officer added Section 64 BNS in the present case.
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It is further submitted by learned counsel for the applicant that a consensual
relationship / extra marital affair between the applicant and the victim has
been converted into a criminal offence of rape. False allegation was levelled
by the informant and the victim and it was not made clear as to why a
prompt first information report was not lodged just after the alleged incident
though the informant has seen the applicant and the victim in a
compromising position. The victim refused to get herself medically
examined, therefore, there is no medical report to substantiate the allegations
levelled by the informant and the victim. The applicant has no criminal
antecedent to his credit. It is further submitted that initially the applicant was
protected by a Division Bench of this Court under Section 351(3) BNS and
Section 67 of I.T. Act vide order dated 13.7.2026 in Criminal Misc. Writ
Petition No. 15061 of 2026. In order to nullify the order passed by the
Division Bench of this Court dated 13.7.2026, the Investigating Officer in
collusion with the informant party added Section 64 BNS. Learned counsel
for the applicant further submits that the applicant undertakes to cooperate
during investigation and trial and shall appear as and when required by the
Investigating Agency or the Court concerned. It has also been stated that, in
case the applicant is granted anticipatory bail, he shall not misuse the liberty
of bail, shall cooperate with the investigation, and shall abide by all the
conditions that may be imposed by the Court.

4. On the other hand, learned A.G.A. has opposed the application for
anticipatory bail, however, he does not dispute the factual aspect.

5. I have heard the rival submissions of both sides and perused the record.

6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another,
(2020) 5 SCC 1, the Hon'ble Apex Court has held that while considering an
application for grant of anticipatory bail, the court has to consider the nature
of the offence, the role of the person, the likelihood of his influencing the
course of investigation, or tampering with evidence including intimidating
witnesses, likelihood of fleeing justice, such as leaving the country, etc. It
has further been held that Courts ought to be generally guided by
considerations such as the nature and gravity of the offences, the role
attributed to the applicant, and the facts of the case, while considering
whether to grant anticipatory bail, or refuse it. Whether to grant or not is a
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                                3


matter of discretion.

7. In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme
Court Cases 676, the Hon'ble Apex Court has held that personal liberty is
an important aspect of our constitutional mandate. The occasion to arrest an
accused during investigation arises when custodial investigation becomes
necessary or it is a heinous crime or where there is a possibility of
influencing the witnesses or accused may abscond. Merely because an arrest
can be made because it is lawful does not mandate that arrest must be made.
A distinction must be made between the existence of the power to arrest and
the justification for exercise of it. If arrest is made routine, it can cause
incalculable harm to the reputation and self-esteem of a person. If the
Investigating Officer has no reason to believe that the accused will abscond
or disobey summons and has, in fact, throughout cooperated with the
investigation, then there is no compulsion on the officer to arrest the
accused.

8. Considering the settled principle of law regarding anticipatory bail,
submissions of the learned counsel for the parties, nature of accusation, role
of applicant and all attending facts and circumstances of the case, without
expressing any opinion on merits, a case for anticipatory bail is made out.

9. Accordingly, the anticipatory bail application is allowed with following
directions:-

(i) In the event of arrest of the applicant-Rajneesh Mishra Alias Vikas
Mishra involved in aforesaid case shall be released on anticipatory bail till
the conclusion of trial, on his/her furnishing a personal bond of Rs.50,000/-
with two sureties each of the like amount to the satisfaction of the Station
House Officer of the police station concerned or to the court concerned;

(ii) The applicant shall co-operate with the Investigating Officer during
investigation and shall report to the Investigating Officer as and when
required for the purpose of conducting investigation;

(iii) 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;
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                                    and

                                    (iv) The applicant shall not leave India without the previous permission of
                                    the Court.

                                    10. In default or misuse of any of the conditions, the Public Prosecutor/
                                    Investigating Officer/ first informant-complainant is at liberty to file
                                    appropriate application for cancellation of anticipatory bail granted to the
                                    applicant, before the concerned court.



                                                                                      (Vivek Kumar Singh,J.)
                                    September 23, 2026
                                    Lalit Shukla




Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad