Neutral Citation No. - 2025:AHC:11697 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12314 of 2024 Applicant :- Heera Lal Alias Bhuwai Lal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Kumar Mishra,Utsav Singh Counsel for Opposite Party :- G.A.,Rakesh Kumar Singh,Suresh Kumar Tripathi Hon'ble Vivek Varma,J. 1. Copy of charge-sheet and statement of the principal of the college produced by learned AGA for the State, are taken on record. 2. Heard learned counsel for the applicant, Sri Rakesh Kumar Singh, learned counsel for the informant-opposite party no.2 as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 3. This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 063 of 2024, under Sections 363, 366, 376D, 120-B I.P.C. and Section 17/18 POCSO Act, Police Station Phaphamau, District Prayagraj. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim was a major girl. The co-accused Pradeep Yadav and the victim were in consensual relationship. The victim stayed with the co-accused Pradeep for almost two days. It is highly improbable that the victim was kept in a room for two days and she did not raise any protest or alarm. The conduct of the victim shows that she was a consenting party. The applicant being the father of co-accused Sandeep and Pradeep Kumar, have been falsely implicated in the instant case. The allegations of rape and inappropriate behaviour have been levelled against the co-accused Sandeep Kumar and Pradeep. The case of the applicant is clearly distinguishable from that of both the co-accused. Further, during the course of investigation, the applicant was granted anticipatory bail by this Court till the submission of police report vide order dated 01.07.2024 passed in Criminal Misc. Anticipatory Bail Application No. 6358 of 2024. The applicant had co-operated with the investigation, the investigation has been completed, charge sheet has been filed and the applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant is entitled for anticipatory bail till the end of trial. 5. Learned A.G.A. and counsel for the informant-opposite party no.2 have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, in particular the fact, that the victim stayed with the co-accused Pradeep for almost two days without raising any protest or alarm. The allegations of rape and inappropriate behaviour have been levelled against the co-accused Sandeep Kumar and Pradeep. During the course of investigation, the applicant was granted anticipatory bail by this Court till the submission of police report. The applicant had co-operated in the investigation. Charge-sheet has been submitted, 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. 7. In the event of arrest, the applicant Heera Lal @ Bhuwai Lal 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 him 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 23.1.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad