Neutral Citation No. - 2025:AHC:115353 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11957 of 2024 Applicant :- Ansar Alias Ansar Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anupam Anand,Devesh Kumar Shukla Counsel for Opposite Party :- G.A.,Hari Om Shukla,Rajesh Sharma,Ritesh Kumar Agrahari,Shivam Mishra Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Shivam Mishra, learned counsel for the informant, 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. 259 of 2024, under Sections 333, 74 of B.N.S., 2023 and Section 7/8 of POCSO Act, Police Station Rorawar, District Aligarh with the prayer that in the event of arrest, applicant may be released on bail. 3. Learned counsel for the applicant has drawn attention of this Court to the statement of the victim recorded under Section 183 B.N.S. argued that on 01.07.2024 the applicant and co-accused Shahid came to her house and co-accused Shahid entered into her house and misbehaved with her, whereas the applicant was standing outside her house. It is thus contended that there is no credible evidence against the applicant and that the applicant has been falsely implicated in the present case. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. as well as learned counsel for the informant have opposed the application for anticipatory bail but could not dispute the statement of the victim recorded under Section 183 of B.N.S. 5. In the 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. 6. 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, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicant Ansar @ Ansar Ali involved in the aforesaid case crime 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 concerned Court subject to the following conditions :- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on each and every date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 16.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad