Neutral Citation No. - 2025:AHC-LKO:27521 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 435 of 2025 Applicant :- Ankur Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Nijam Ahmad, the learned counsel for the applicant, Sri Ajeet Singh, learned State Counsel for the State and perused the records. 2. The instant application has been filed seeking anticipatory bail of the applicant in Case Crime No.232 of 2024 under Sections 137(2), 352, 351(2), 70(2) of B.N.S. & 5/6 of P.O.C.S.O. Act registered at Police Station- Sammanpur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.11.2024 against four persons, including the applicant, stating that the co-accused Golu had taken away the informant's 13 years old daughter at about 05:30 PM on 03.11.2024 on the pretext of dropping her to her home on his motorcycle but on the way he molested her. When the informant telephonically enquired about the incident from co-accused Golu, he came to the informant's house alongwith the other co-accused persons and abused and threatened them. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the F.I.R. version. 5. The victim declined to undergo internal medico-legal examination and the external examination revealed no mark of injury or sign of use of force. As per radio-logical examination report, age of the victim is about 14-15 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that Golu and the applicant both had forcibly taken her on a motorcycle to some room at Tanda and both of them had raped her. Thereafter, the other co-accused persons came and they also raped her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 8. Learned A.G.A. has pointed out involvement of the applicant in two other criminal cases. The learned AGA has submitted that the investigation of the aforesaid case is pending. 9. A supplementary affidavit has been filed by the applicant stating that the applicant has no knowledge about those cases as he has not been summoned in any of the cases. 10. It has been stated that the co-accused Ramesh Yadav has been released on bail by means of order dated 09.04.2025 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 306 of 2025. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 03.11.2024 and the FIR has been lodged on 08.11.2024 and yet it does not make any mention of commission of rape by the applicant; the allegation of commission of rape is not there even in the statement of the victim recorded under Section 180 B.N.S.S. and it has been levelled for the first time in the statement of the victim recorded under Section 183 B.N.S.S.; that the allegation is not supported by the findings of the medico-legal examination report and the co-accused Ramesh Yadav has already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail in the aforesaid crime. 12. Accordingly, this anticipatory bail application stands allowed. 13. In the event of arrest/ appearance of applicant- Ramesh Yadav before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on her 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 herself 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 :- 9.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench