HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7935 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri A.P. Singh, learned counsel for the applicants and Sri S.D. Shukla, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 200 of 2024 under Sections 74, 78, 190, 191 (2), 191 (3), 115 (2), 352, 351 (2), of B.N.S. and 7/8 P.O.C.S.O. Act, Police Station Khekra, District Baghpat with the prayer that in the event of arrest, applicants may be released on bail. 3. At the very outset, learned AGA submits that notice has been served upon the first informant. 4. It has been argued by learned counsel for the applicants that they are innocent and have been falsely implicated in this case. He further submits that as per the FIR, main allegation is against co-accused Danish who has already been granted anticipatory bail by this Court vide order dated 27.8.2025 passed in Crl. Misc. Anticipatory Bail Application No. 6452 of 2025. It is further submitted that victim in her statement recorded under section 183 BNSS has stated that the applicants herein along with co- accused Danish used to catch hold of her hand while going to school. It is also submitted that applicants undertake to cooperate during trial and they would appear as and when required by the investigating agency or Court. It is lastly submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and they will cooperate with the Versus Counsel for Applicant(s) : Avadh Pratap Singh Shishodia Counsel for Opposite Party(s) : G.A. Shahrukh And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that there is specific allegation made against the applicants by the victim in her statement recorded under section 183 BNSS. 6. I have considered the rival submissions made by learned counsel for the parties. 7. As per the FIR which has been lodged by father of the victim, main allegation is against co-accused Danish, however, in her statement recorded u/s. 183 BNSS, the victim has stated that the applicants along with co- accused Danish used to catch hold of her hand while going to school and they also used to throw burnt cigarette on her. The age of the victim is said to be 17 years. It is submitted that co-accused Danish has already been granted anticipatory bail by this Court. 8. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of accused, possibility of accused to flee from justice and that Court must also evaluate the entire available material against the accused carefully and the exact role of the accused has also to be taken into consideration. 9. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicants Shahrukh and Sultan involved in the aforesaid case crime, they shall be released on anticipatory bail on their 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 :- NABAIL No. 7935 of 2025 2 (i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicants would cooperate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 12. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. October 8, 2025 Madhurima NABAIL No. 7935 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad