The Court granted anticipatory bail considering the appellant's cooperation with the investigation, appearance before the Trial Court, and the nature of the allegations, emphasizing the exercise of discretion under Section 438 of the CrPC.

Leave granted.

This appeal challenges the order dated 13.05.2025 passed by the High Court of Judicature at Allahabad in Criminal Misc. Anticipatory Bail Application No. 3406 of 2025.

This criminal appeal arises out of crime registered pursuant to FIR No. 439 of 2021 dated 06.05.2021 lodged with PS Civil Lines, Prayagraj, registered under Sections 328, 376, 406 and 506 of the Indian Penal Code, 1860. Anticipating arrest in connection with this crime, the appellant preferred Criminal Misc. Anticipatory Bail Application No. 3406 of 2025.

By impugned order dated 13.05.2025, the High Court rejected the plea for anticipatory bail. Therefore, the instant appeal has been preferred.

By order dated 15.09.2025, while issuing notice, this Court granted interim protection in favour of the appellant.

We have heard learned counsel for the appellant and learned counsel for the respondents and perused the material on record.

Learned counsel for the appellant submitted that the allegations as against the appellant herein are wholly false; the relationship between the appellant and the so-called victim has been consensual. Further, in order to bring about a settlement, a sum of Rs.2,50,000/- has also been paid by the appellant to the so-called victim; that the appellant has also been cooperating with the investigation and pursuant to the filing of charge sheet he has also appeared before the Trial Court. In the circumstances, the interim protection granted by this Court on 15.09.2025 and extended on different dates may be made absolute and the appeal may be allowed.

Per contra, learned counsel for the respondent no.1/State with reference to his counter affidavit submitted that there is no merit in this appeal; that the High Court was justified in declining to grant the relief of anticipatory bail to the appellant herein. Hence, the appeal may be dismissed.

Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 438 of the Code of Criminal Procedure, 1973.

We, therefore, allow this appeal and set aside the impugned order passed by the Allahabad High Court. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties.

It is directed that the appellant shall extend complete cooperation in the ensuing trial.

The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.

Further, the appellant shall not make any attempt to contact respondent no.2.

Any violation of these conditions may entail in cancellation of anticipatory bail granted by this Court.

With the aforesaid directions, the criminal appeal is allowed.