Neutral Citation No. - 2025:AHC:39101 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12014 of 2024 Applicant :- Laxmi Narayan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- G.A.,Subham Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State- opposite party no. 1, and Sri Shubham Jadaun, learned counsel for the informant- opposite party no. 2, and perused the material available on record. 2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 400 of 2020, under Sections 363, 366, 120B I.P.C., 16/17 POCSO Act and 3(2)5 SC/ST Act, Police Station Vrindaban, District Mathura. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report. After investigation final report in favour of the applicant was submitted by the Investigating Officer. The applicant has been summoned under Section 319 Cr.P.C. vide order dated 30.05.2024. Learned counsel for the applicant contends that the victim was enticed by co- accused Gopal Sharma, who had married her. The applicant being relative of co-accused Gopal Sharma has been falsely implicated in the instant case. The case of the applicant is clearly distinguishable from that of co-accused Gopal Sharma. At this stage there is no credible evidence to link the applicant with the offence. Co- accused Gopal Sharma has been granted bail by this Court vide order dated 19.04.2024 passed in Criminal Misc. Bail Application No. 1398 of 2024, Gopal Sharma v. State of U.P. and others. The applicant had cooperated in the investigation. No custodial interrogation is required. The criminal history of the applicant has been explained in Paragraph-3 of the supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. and learned counsel for the informant 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, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant was not named in the first information report; after investigation final report in favour of the applicant was submitted by the Investigating Officer; the applicant has been summoned under Section 319 Cr.P.C.; at this stage there is no substantive evidence to link the applicant with the offence; co-accused Gopal Sharma has been granted bail by this Court; the applicant had cooperated in the investigation and no custodial interrogation is required, 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- Laxmi Narayan, 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 and every 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. Further, 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 :- 19.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad