Neutral Citation No. - 2025:AHC-LKO:20980 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 401 of 2025 Applicant :- Jitendra Kumar @ Nanku Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Bare Lal Bhartiya,Ram Naresh Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Bare Lal Bhartiya, the learned counsel for the applicant, Shri Ravi Srivastava, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking anticipatory bail of the applicant in Case Crime No.110 of 2023 under Sections 363, 366, 376 I.P.C. and 5/6 of P.O.C.S.O. Act registered at Police Station- Mohanganj, District- Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.04.2023 alleging that the applicant had enticed away the informant's daughter aged about 18 years at about 01:00 PM on 04.04.2023. 4. The alleged victim had herself filed a petition before this Court jointly with the applicant, bearing Crl. Misc. Writ Petition No.3114 of 2023, challenging the F.I.R. and seeking protection from undue harassment. On 24.04.2023, a Division Bench of this Court had passed an interim order staying arrest of the applicant in the present case till filing of a police report. 5. In the statement of the alleged victim recorded under Section 161 Cr.P.C., she stated that her parents wanted her to get her married against her wishes whereas she wanted to marry the applicant and, therefore, she had gone away from her home out of her own free will and she had married the applicant. A similar statement was given by the victim before the Magistrate also. 6. The victim declined to undergo medico-legal examination. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 23.05.2023. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the alleged victim; that the victim had joined the applicant in seeking protection from this Court by filing a writ petition wherein this Court had stayed arrest of the applicant and that the applicant is a young man having no criminal history whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail in the aforesaid crime. 10. In view of the above, the anticipatory bail application of the applicant is allowed. 11. In the event of arrest/ appearance of applicant- Jitendra Kumar @ Nanku before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a 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 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. . [Subhash Vidyarthi, J.] Order Date :- 15.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench