Neutral Citation No. - 2025:AHC-LKO:25227 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 241 of 2025 Applicant :- Dipak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Pawan Kumar Sharma Counsel for Opposite Party :- G.A.,Lalu Prasad Bhatt Hon'ble Manish Mathur,J. 1. Short counter affidavit filed today on behalf of complainant/ opposite party no.2 is taken on record. 2. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and learned counsel for complainant/ opposite party no.2. 3. This first anticipatory bail application has been filed with regard to Case Crime No. 241 of 2024, under Sections 354 & 506 IPC and 7/8 POCSO Act, Police Station Rupaidiha, District Bahraich. 4. As per contents of First Information Report, the incident is said to have taken place on 19.05.2024 when the applicant allegedly molested the minor daughter of the informant/ complainant. 5. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him. He submits that subsequently the parties have amicable settled their dispute. It is also submitted that the victim had earlier refused medical. 6. Learned A.G.A. has opposed anticipatory bail application with the submission that the charge sheet in the counter affidavit has already been filed while learned counsel for complainant has adverted to the counter affidavit filed today to admit that the parties have subsequently entered into an amicable settlement. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that earlier the victim had refused medical and the parties have entered into an amicable settlement. 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 Dipak 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 :- 1.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench