CRIMINAL MISC. BAIL APPLICATION No. 43718 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43718 of 2025 Anmol Rathi .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Devendra Kumar Tiwari Counsel for Opposite Party(s) : G.A. Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 642 of 2024, under Sections 376, 323, 342 I.P.C., Police Station- Kotwali Shahar, District- Bijnor, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the victim were in consensual relationship for a considerable period of time. The consensual sexual relationship which if continued between the parties for a considerable period of time could not be said to have continued under the 'misconception of fact' under Section 90 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. No offence under Section 376 I.P.C. is made out agai