Neutral Citation No. - 2025:AHC-LKO:28593 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 473 of 2025 Applicant :- Samsullah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1- State. 3. As per report dated 09.05.2025 submitted by Chief Judicial Magistrate, Balrampur, opposite party no.2-complainant has subsequently passed away. 4. First Anticipatory Bail Application has been filed with regard to Case Crime no.78 of 2024 under Sections 354 I.P.C. & 7/8 Protection of Children from Sexual Offences Act, P.S. Sadullahnagar, District Balrampur. 5. As per contents of first information report lodged by victim herself, the incident is said to have taken place on 09.06.2024 at about 10.00 a.m. when applicant allegedly misbehaved with her. 6. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him and that even otherwise the statements of victim recorded under Section 161 and 164 Cr.P.C. only indicate the aspect of applicant lifting up her and stating that he would marry her. It is therefore submitted that the aspect of imputation of Sections levelled against applicant is clearly not made out. 7. Learned Additional Government Advocate has opposed anticipatory bail with submission that charge sheet in the matter has already been filed. He however admits that applicant does not have any previous criminal history and has cooperated during investigation. 8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that allegation levelled against applicant is only with regard to lifting up informant. Therefore aspect of imputation of Sections against applicant as indicated in the F.I.R. would be subject matter of evidence during trial. Admittedly, applicant does not have any previous criminal history and has cooperated during investigation. 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 BNSS. 09. In view of above, anticipatory bail is granted to applicant providing that in the event of arrest, applicant Samsullah shall be released on interim bail on his/her furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned subject to 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; 10. Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. Order Date :- 15.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench