Neutral Citation No. - 2025:AHC:6597 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11875 of 2024 Applicant :- Sanjay Pal Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav,Shyam Mohan Singh,Vivek Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. This anticipatory bail application has been moved seeking bail in Case Crime No.147 of 2024, under Sections 366, 120-B I.P.C., P.S. Kotwali Jalaun, District Jalaun, during pendency of the trial. 3. Counsel for the applicant submits that applicant has been falsely implicated in the present case. As per F.I.R., the informant's daughter, who is 19 years of age, has been enticed away by the named accused persons. The applicant is not named in the F.I.R. having no concern with the alleged incident. Only allegation against the applicant is that victim went to the railway station with the applicant. The victim is major more than 19 years old. On perusal of the statement of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., no offence under the alleged Section is made out. The Investigating Officer has submitted charge sheet against the named accused persons and investigation is going on against the applicant. The applicant has no criminal history. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted. 5. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 6. Let the applicant Sanjay Pal who is involved in the aforesaid crime, be released on anticipatory bail till the submission of police report under Section 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :- (i) The applicant shall make himself available for interrogation by a police officer 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 officer; (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. 7. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 8. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 9. The application stands allowed. Order Date :- 15.1.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad