Neutral Citation No. - 2025:AHC-LKO:21958 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 337 of 2025 Applicant :- Shyamu Raidas And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Lalji Prasad Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Lalji Prasad Shukla, learned counsel for the applicants, Shri Anant Pratap Singh, learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicants seeking anticipatory bail in Case Crime No.15 of 2025 under Sections 333, 74, 115(2), 352, 351(2), 70(2) of B.N.S. and Section 3/4 of P.O.C.S.O. Act registered at Police Station- Ramkot, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.01.2025 against four persons, including the applicants, stating that all the four accused persons entered the informant's house at about 05:15 PM on 11.01.2025 and they hurled abuses and beaten up the informant. When a young girl related to the informant, who was present in her house to take her care, intervened, all the four accused persons beaten her and abused her. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she stated that she is aged 55 years and she reiterated the FIR version. The other victim who is aged 16 years, also reiterated the FIR version and she stated that the accused persons caught hold of her hand and had molested her. When she raised a hue and cry, some neighbors came there and the accused persons went away threatening them. Both the victims declined to undergo medico-legal examination. 5. In the statement of the informant recorded under Section 183 B.N.S.S., she stated that she is aged 65 years and she stated that when her grand-daughter tried to save her, the accused persons caught hold of her and dragged her inside a room and she did not know what had happened inside the room. When the informant cried, some villagers came there and the accused persons ran away. 6. In the statement of the other victim recorded under Section 183 B.N.S.S., she alleged that the accused persons took her inside a room, disrobed her and committed misdeed against her for half an hour. Thereafter, when the villagers came, the accused persons went away. 7. In the affidavit filed in support of the bail application, it has been stated that the applicants are aged 24 and 27 years having no criminal history and they have been falsely implicated in the present case. 8. Learned A.G.A. has vehemently opposed the anticipatory bail application and he has submitted that the investigation against both the other two co-accused persons stands concluded and a charge-sheet has been submitted against them and the investigation against he applicants is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. does not allege commission of any sexual offence and this allegation is not there even in the statement of the informant and the victim recorded under Section 180 B.N.S.S.; that the informant and the victim declined to undergo medico-legal examination and that the allegation of commission of rape has been levelled for the first time while recording the statement of the victim under Section 183 B.N.S.S.; that the applicants are young men having no criminal history, I am of the view that the applicants are entitled to be granted anticipatory bail. 10. Accordingly, this anticipatory bail application stands allowed. 11. In the event of arrest/appearance of applicants before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court' (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/ intimidate the prosecution witness. . [Subhash Vidyarthi, J.] Order Date :- 18.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench