Neutral Citation No. - 2025:AHC-LKO:26250 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 417 of 2025 Applicant :- Prakhar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Alok Kumar Singh, learned counsel for the applicant as well as Sri Anurag Verma, learned A.G.A.-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 1115 of 2023, under Sections 137(2), 87, 64 B.N.S. 2023 and Section 3/4 of Protection of Children from Sexual Offences (POCSO) Act, registered at Police Station Kotwali, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.12.2024 against the applicant, his brother and father, stating that the applicant used to molest the informant's daughter aged 17 years regarding which a complaint was made to the police but thereafter a settlement was entered into between parties. On 05.12.2024, the informant saw her daughter talking to the applicant, she scolded her and took away her phone. Thereafter, the informant talk to the applicant through phone and the applicant threatened to kidnap her daughter. In the next morning, the informant's daughter was missing from her home and some jewellery and Rs. 50,000/- cash were also missing. 4. In the statement of the victim recorded under Section 180 B.N.S.S, she stated that she is aged 19 years and she has married the applicant on 06.11.2024. In the statement of the victim recorded under Section 183 B.N.S.S also, she gave a similar statement. 5. The alleged victim and the applicant have jointly filed a Criminal Misc. Writ Petition No. 9698 of 2024 before this Court and on 19.12.2024, an interim order was passed in the aforesaid case staying the applicant's arrest till filing of the charge-sheet. 6. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is a young man aged 23 years and he has no criminal history. 7. The learned A.G.A-I has opposed the bail application and he has submitted that the victim is minor, the allegations have been established during investigation and the charge-sheet has been submitted on 04.03.2025. 8. However, a marriage certificate issued by Marriage Registration Officer annexed with the bail application certifies that the date of birth of the victim is 09.11.2006, she is aged 18 years and she has married the applicant on 06.12.2024 and that their marriage has been registered on 11.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the statement of the victim coupled with the fact that her marriage with the applicant has already been registered and that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant- Prakhar Srivastava 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 applicant shall make themselves 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 :- 6.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench