Neutral Citation No. - 2025:AHC-LKO:48450 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 500 of 2025 Applicant :- Moola Devi Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Amit Kumar, learned counsel for the applicant and Shri Jayant Singh Tomar, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 07.05.2025: "Heard learned counsel for applicant and learned A.G.A. for opposite parties 1 and 2. In view of order being passed, notice to opposite party No.3 stands dispensed with. First anticipatory bail application has been filed with regard to case crime No. 28 of 2025, under Section 137(2) of BNS, P.S. Kotwali, Amethi, District Amethi As per contents of F.I.R., the applicant allegedly has enticed away the minor daughter of informant on 6th February, 2025. Mr. Ranvijay Singh learned A.G.A. on the basis of instructions submtis that victim has not yet been recovered and the applicant is not coopering in the investigation. It is submitted that even otherwise maximum punishment impossible is below 7 years and therefore there is no apprehension of arrest. Learned counsel for applicant however submits that the applicant is being threatened with arrest by the police. Upon consideration of submissions advanced particularly that of learned A.G.A., it is evident that charge sheet has not yet been filed and investigation is yet ongoing. It is submitted that there is no apprehension of arrest since maximum punishment is below 7 years. In view of the aforesaid statement, it is evident that the police can not arrest the applicant with regard to case crime number until and unless some section which has punishable more than seven years would be imposable against the applicant. The aspect clearly is indicative of the factor that the applicant can not be arrested by the police in aforesaid case crime number with regard to sections which are currently imputed against him. However the applicant is directed to cooperate in the investigation. For that purpose, the applicant shall produce himself before the Investigating Officer on 30th May, 2025 at 2.00 P.M. List this case on 7th July, 2025 as fresh along with service report. Objections may be filed in the meantime. Learned A.G.A. shall obtain instructions by the next date of listing regarding cooperation of applicant in the investigation." 3. The C.J.M., Lucknow has sent a report dated 20.05.2025 stating that the notice issued to the opposite party No.2 has been served through his heirs. 4. However, no one has put in appearance on behalf of the opposite party No.2 for opposing the interim anticipatory bail application. 5. The State has also not filed a counter affidavit. 6. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicant. 7. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 8. Accordingly, the anticipatory bail application is allowed. The interim order dated 07.05.2025 is made absolute in terms of the aforesaid order. Order Date :- 18.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench