HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 26 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Office has reported that the notice issued to the opposite party No.2 has been served and the it is also stated in the counter affidavit filed by the State that the notice on the complainant has been served on 23.11.2024 but nobody has put in appearance on behalf of the opposite party No.2 to oppose the anticipatory bail application. 2. In these circumstance, the Court proceeds to examine the records of the case with the assistance of Shri Jayant Singh Tomar, learned A.G.A.-I. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.230 of 2023, under Sections 457, 354, 506 I.P.C. and Section 7/8 of Protection of Children From Sexual Offences Act, 2012, registered at Police Station- Mutirha, District- Bahraich. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.09.2023 stating that the applicant came up on the roof top of the informant's house in the night of 26.08.2023 wherein his daughters were sleeping and the applicant caught hold of her elder daughter and molested her. 5. In the statement of the victim recorded under Section 161 Cr.P.C., she supported the F.I.R. version. The victim declined to undergo medico-legal examination. In the statement of victim recorded under Section 164 Cr.P.C. also, she supported the F.I.R. version. 6. In the affidavit filed in support of the anticipatory bail application, it has Versus Counsel for Applicant(s) : Kamal Kishor Tiwari, Rajneesh Kumar Counsel for Opposite Party(s) : G.A. Neeraj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others .....Opposite Party(s) been stated that the applicant is innocent having no criminal history and he has been falsely been implicated due to political animosity in the present case. 7. The learned counsel for the applicant has submitted that the alleged offences carries a maximum sentence of imprisonment up to 5 7 years. 8. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 9. Having considered the aforesaid facts and circumstances of the case and keeping, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. September 4, 2025 S. Shivhare ABAIL No. 26 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench