Neutral Citation No. - 2025:AHC:90679 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10110 of 2024 Applicant :- X-Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- A.C.Srivastava,Subham Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. As per office report dated 28.03.2025 notice has been personally served upon the informant. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime No. 14 of 2024, under Sections 376(3), 363 I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station Kapsethi, District Varanasi, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 4. Learned counsel for the applicant submits that vide order dated 02.12.2024 the applicant was granted interim anticipatory bail till the next date of listing or till the submission of police report, whichever is earlier. Learned counsel for the applicant has fairly stated that in this matter the charge sheet has been filed on 08.04.2025, whereupon cognizance has been taken by the court concerned directing the applicant to appear on 02.06.2025. Learned counsel further submits that there are material contradictions in the statements of the victim recorded under Sections 161 & 164 Cr.P.C. and from her statements it appears she was a consenting party. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above mentioned case, whereas there is no credible evidence against him. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 5. Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail. 6. 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, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, 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 merit of the case, the present anticipatory bail application is finally disposed of with the direction that, in the event of arrest, the applicant- X-Minor, involved in the aforesaid case shall be released on anticipatory bail till framing of charge on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned the following conditions :- (i) The applicant shall attend the court proceedings as and when required. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence. (iii) The applicant shall cooperate during trial and would not misuse the liberty of bail. 8. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 27.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad