Neutral Citation No. - 2025:AHC:42164 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10812 of 2024 Applicant :- Jayveer @ Jayveer Prajapati Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The applicant was granted interim anticipatory bail vide order dated 04.12.2024 by the co-ordinate Bench of this Court. The order is quoted herein below;- "Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 02 of 2024, under sections 323, 504, 452, 354, 354-B IPC, section 7/8 POCSO Act and section 3(2)(va) SC/ST Act, Police Station Tajganj, District Agra. Heard learned counsel for the applicant as well as the learned A.G.A. and perused the material available on record. No one has appeared on behalf of O.P. No. 2 despite service of notice. It is submitted by learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. The FIR has been lodged after nine days of the incident. The victim in her statement, which was recorded after 16 days of the incident, has developed the new story/version contrary to allegation alleged in the FIR. The FIR was challenged by way of filing the writ petition No. 3166 of 2024 which was decided on 28.03.2024 in view of the order passed by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. Investigating Officer served the notice under section 41(1-A) Cr.P.C. and the cognizance has been taken against the applicant on 09.07.2024. If the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the investigation. The applicant has apprehension of his arrest by the police any time. Learned A.G.A. vehemently opposed the bail prayer of the applicant and submitted that the investigation is going on. Issue notice to O.P. No. 2 and 4 returnable at an early date. Learned AGA prays for some time to file counter affidavit in the matter. In the circumstances, as requested, learned AGA is allowed four weeks time to file counter affidavit. Rejoinder affidavit, if any, be filed within two weeks thereafter. List after the expiry of aforesaid period. As an interim protection, till the next date fixed for final hearing on this application, the applicant is granted anticipatory bail in the aforesaid crime number. In the event of arrest of the applicant, he shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C., before the competent court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following condition:- (i) The applicant shall make himself available for interrogation by a police office as and when required. (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 or to any police office. (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant." 3. Counsel for the applicant submits that pursuant to the order dated 04.12.2024, the applicant is appearing before the concerned court on the dates fixed and is contesting the proceedings. The applicant has not misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case, the applicant is released on anticipatory bail, till the conclusion of trial he will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant as recorded in the order dated 19.01.2024, considering the nature of accusations, antecedents of the applicant and, in particular, the fact that the applicant is appearing before the concerned court on the dates fixed and is contesting the proceedings, charge-sheet has been filed, the applicant had cooperated in the investigation, no custodial interrogation is required, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned A.G.A., without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Jayveer @ Jayveer Prajapati, 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 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. Order Date :- 21.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad