Neutral Citation No. - 2025:AHC-LKO:27994 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 56 of 2025 Applicant :- Alok Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. U.P. And 3 Others Counsel for Applicant :- Pankaj Kumar,Abhishek Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. 2. As per office report dated 06.02.2025, notice has been served upon opposite party no.2, who has not put in appearance till date. 3. This first anticipatory bail application has been filed with regard to Case Crime No. 121 of 2022 under Sections 324, 354, 504, 506 IPC and 7/8 POCSO Act, Police Station Ataria, District Sitapur. 4. As per contents of FIR, the incident is said to have taken place on 13.05.2022 at 9:00 P.M. when the applicant alongwith co-accused is said to have molested the informant and thereafter assaulted her brother injury. 5. It is submitted that applicant has been falsely implicated in the charges levelled against him which would be evident from the fact that the contents of FIR have not been supported by the statement of injured. It is submitted that as per report of the Investigating Officer also, no medical examination of the brother of the informant ever took place and, therefore, there is no corroboration of allegation levelled against the applicant. It is submitted that the applicant does not have any previous criminal history and is cooperating in the course of investigation. 6. Learned A.G.A. has opposed anticipatory bail application but does not dispute the fact that no medical examination of the injured ever took place. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the allegations as levelled in the FIR were not supported by the injured and no medical examination of the injured has taken place. The statement of victim herself recorded under Section 161 Cr.P.C. also do not appear to corroborate FIR. It is admitted that the applicant had cooperated during course of investigation thereafter charge sheet has been filed. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNNS. 8. In view of the above, it is provided that in the event of arrest, the applicant Alok Singh shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 10. The application stands allowed. Order Date :- 12.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench