Neutral Citation No. - 2025:AHC-LKO:6021 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 89 of 2025 Applicant :- Atul Kumar Verma @ Atul Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sandeep Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Ms. Sheela Baidya, Advocate has filed vakalatnama on behalf of opposite party no.2 today in Court and the same is taken on record. 2. Heard Sri Sandeep Singh, learned counsel for applicant, Ms. Sheela Baidya, learned counsel for informant/complainant and Sri Ranvijay Singh, learned A.G.A. for State. 3. Present anticipatory bail application has been preferred by applicant apprehending his arrest in Case Crime No.107 of 2024, under Sections 376, 506 I.P.C. & Section 3/4 POCSO Act, Police Station-Jarwal Road, District-Bahraich. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged. 5. In this case the charge-sheet has been filed on 24.06.2024 under Sections 354, 506 I.P.C. and under Section 7/8 POCSO Act but the learned Trial Court took cognizance under Section 376, 506 I.P.C. and Section 3/4 POCSO Act, vide order dated 19.11.2024. 6. Learned counsel for applicant and learned counsel for complainant have informed that the parties are ready to settle their dispute amicably outside the Court, therefore, any protection may be given to the present applicant. 7. Be that as it may, since learned Trial Court has taken cognizance under Section 376 I.P.C. and Section 3/4 POCSO Act besides Section 506 I.P.C., therefore, I am not inclined to grant anticipatory bail to the present applicant. However, it is always open to the parties to apprise the Trial Court that they are willing to settle their dispute amicably and on such information learned Trial Court may pass appropriate orders. It is needless to say that as per the settled law, arrest of any person is not warranted in mechanical manner and if learned Trial Court convinces that the accused-applicant would cooperate in the trial proceedings, any appropriate orders may be passed. Though, it is absolutely up to the discretion of the learned Trial Court as I have not appreciated the merits of the case. Learned Trial Court would pass any appropriate order independently without being influenced by the any observation of this Court. Therefore, liberty is given to the applicant to appear/surrender before the learned Trial Court within a period two weeks from today and may file his bail application etc. taking all pleas and grounds which are available to him and such application would be decided with expedition without giving any unnecessary adjournments to any of the parties. 8. With the aforesaid, present anticipatory bail application is disposed of accordingly. [Rajesh Singh Chauhan,J.] Order Date :- 29.1.2025 Arti/- Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench