Neutral Citation No. - 2025:AHC-LKO:14804 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 309 of 2025 Applicant :- Apil @ Vapil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Adarsh Shukla,Prince Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard counsel for the applicant, learned AGA for the State and perused the record. The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 0402 of 2020, under sections 368, 366 and 363 of IPC P.S. Nighasan District- Kheri. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the statement of the victim under sections 161 and 164 of Cr.P.C. demolishes the story of prosecution. He added that the alleged victim herself went away with the applicant and there is no evidence that the applicant has ever enticed away the victim. He next submits that an affidavit dated 17.01.2025 has also been given by father of the alleged victim that the applicant has not committed any offence and on the instance of other persons, the first information report was lodged by him. He has also stated in the affidavit that the applicant and the daughter of the informant are living has husband and wife and there are two children from their wedlock. He submits that the chargesheet has been filed and no further custodial interrogation is required in this matter thus, submission is that the applicant may be enlarged on anticipatory bail. On the other hand, learned A.G.A. appearing for the State has opposed the contentions on merits, but he has no objection in the event that the informant himself has given an affidavit that the applicant and the alleged victim are living has husband & wife and there are two children from their wedlock. Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby allowed while granting bail to the applicant namely, Apil @ Vapil till disposal of the trial subject to the following conditions :- (i) that the applicant shall make himself 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 them 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. In case of default, it would be open for the investigating agency to move application for vacation of this protection. Order Date :- 11.3.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench