HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7855 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri Krishna Dutt Tiwari, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 311 of 2024, under Sections 147, 148, 323, 308, 354, 427, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station- Mainather, District- Moradabad, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. Initially with regard to the same incident, co- accused Nizam Ashraf had lodged a first information report against the informant and three others on 11.3.2024, registered as Case Crime No.82 of 2024, under Sections 323, 504, 506 I.P.C., Police Station Mainather, District Moradabad. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicant. In the first information report there are no allegations against the applicant. For the first time, the name of the applicant was disclosed by the victim in her statement under Section 161 and 164 Cr.P.C. It is contended that the said statement is unreliable. The applicant did not act inappropriately with the victim. There are inconsistencies in the statements of the victim under Section 161 and 164 Cr.P.C. No role of assault has been assigned to the applicant. In the alleged incident from the side of the applicant also, one person has received injury. The aggressor is still to be ascertained. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the Versus Counsel for Applicant(s) : Zafeer Ahmad Counsel for Opposite Party(s) : G.A., Krishna Dutt Tiwari Kaif .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. Criminal history of the applicant has been explained in para no.34 of the bail application. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that initially with regard to the same incident, co-accused Nizam Ashraf had lodged a first information report against the informant and three others on 11.3.2024, registered as Case Crime No.82 of 2024, under Sections 323, 504, 506 I.P.C., Police Station Mainather, District Moradabad; in the first information report there are no allegations against the applicant; for the first time, the name of the applicant was disclosed by the victim in her statement under Section 161 and 164 Cr.P.C.; there are inconsistencies in the statements of the victim under Section 161 and 164 Cr.P.C.; no role of assault has been assigned to the applicant; in the alleged incident from the side of the applicant also, one person has received injury; the aggressor is still to be ascertained.; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Kaif, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (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; (iii) the applicant shall not leave India without the previous permission of the NABAIL No. 7855 of 2025 2 Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 24, 2025 Manish Kr NABAIL No. 7855 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad