Neutral Citation No. - 2025:AHC-LKO:25943 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 374 of 2025 Applicant :- Raj Gupta Opposite Party :- State Of Up Thr. Principal Secy. Home And Another Counsel for Applicant :- Gyanendra Pathak Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Counter affidavit has been filed on behalf of State. Heard learned counsel for applicant and learned A.G.A. for State. As per office report dated 23rd April, 2025, the opposite party No.2 has been served personally but has not put in appearance till date. Earlier an interim anticipatory had been granted to applicant vide order dated 8th April, 2025 which is as follows:- "1. Heard learned counsel for applicant and learned A.G.A. for State- opposite party. 2. Issue notice to opposite party No.2. 3. First anticipatory bail application has been filed with regard to case crime No. 217 of 2023 under Section 363 IPC, P.S. Visheshwarganj, District Bahraich. 4. As per contents of F.I.R., the applicant was instrumental in enticing away the minor daughter of informant. It has been submitted that applicant has been falsely implicated in the charges levelled against him which would be evident from the statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. as well as before the C.W.C. Mumbai in which she has clearly indicated that she voluntarily left her house whereafter she took a train to Mumbai. It is submitted that applicant has not been named anywhere as having enticed away to victim. It is submitted that applicant does not have any previous criminal history. 5. Learned A.G.A. has opposed bail application with submission that in statement under Section 164 Cr.P.C., the victim has clearly indicated the fact that the applicant had attempted to entice away the victim. 6. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that in the statements of the victim under Section 161 Cr.P.C., 164 Cr.P.C. and before the CWC, there is no allegation that the applicant enticed her away from legal guardianship of her parents. The applicant does not have any previous criminal history. This Court finds it to be a fit case of interim anticipatory bail. 7. Let the accused-applicant as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. 8. In view of the above, it is provided that in the event of arrest, the applicant- Raj Gupta shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. 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. The application stands allowed. 10. List this case on 24th April, 2025 as fresh along with service report. 11. Objections may be filed in the meantime." There does not appear to be any situation different from the stage where inter anticipatory bail was granted to the applicant. In views thereof, interim anticipatory bail granted to the applicant is made absolute and it is provided that in the event of arrest, the applicant- Raj Gupta shall be released on anticipatory bail in case crime No. 217 of 2023 under Section 363 IPC, P.S. Visheshwarganj, District Bahraich on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. 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. The application stands disposed of. Order Date :- 5.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench