Neutral Citation No. - 2025:AHC:11010 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12086 of 2024 Applicant :- Mohammad Ahmad Alias Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avneesh Tripathi Counsel for Opposite Party :- G.A., Gaurav Srivastav, Rajesh Kumar Srivastava Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and Sri Gaurav Srivastava, counsel for the informant. Perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in F.I.R. No. 0741 of 2024, under sections 69, 109(1), 115(2), 352, 351(2) B.N.S., P.S. Tajganj, District Agra. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Placing reliance on the statement of the victim under Section 183 B.N.S.S. it is contended that the allegation of sexual assault has been levelled against the co-accused Aman. Further in the alleged incident no person has received any injury. The applicant being the father of co-accused Aman has been implicated in the instant case. It is next contended that the victim in her statement to the doctor has stated that the co-accused Aman had not acted indecently with her. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State and counsel for the informant have 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 allegation of sexual assault has been levelled against the co-accused Aman, the fact that in the alleged incident no person has received any injury, the fact that the victim in her statement to the doctor has stated that the co- accused Aman had not acted indecently with her and the applicant has no criminal antecedents and without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Mohammad Ahmad Alias Raju, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant. (vi) In case, the applicant misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98. (vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. 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 :- 22.1.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad