Neutral Citation No. - 2025:AHC-LKO:28395 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 533 of 2025 Applicant :- Parvej Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Pawan Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State while short counter affidavit along with power on behalf of opposite party no.2 has been filed by Sri Lalu Prasad Bhatt,Advocate, which is taken on record. 2. This first anticipatory bail application has been filed with regard to Case Crime No.120 of 2022, under Sections 354, 323, 504, 506 IPC and Section 9/10 of POCSO Act, Police Station Nawabganj, District Bahraich. 3. As per contents of FIR, incident is said to have taken place on 31.05.2022 when the applicant along with co-accused is said to have sexually molested the minor daughter of informant and when the informant came forward to save her, she was attacked and sustained serious injuries. 4. It is submitted that applicant has been falsely implicated in allegations levelled against him only on account of previous enmity between the families which resulted in filing of various complaints against each other and compromise has also been effected between the parties in a number of them. 5. Learned Additional Government Advocate has opposed anticipatory bail but does not have any instructions with regard to compromise. 6. Learned counsel for informant, on the basis of short counter affidavit filed today particularly paragraphs 4 and 5 thereof, submits that parties have subsequently entered into a compromise and do not wish to prosecute the applicant. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that although allegations levelled in the FIR have been corroborated by the victim in her statements under Sections 161 and 164 Cr.P.C but the applicant and the complainant thereafter have entered into a compromise. The aspect of medical examination having been conducted after more than fifteen days requires consideration. 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. 8. In view of the above, it is provided that in the event of arrest, applicant Parvej Khan shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the 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; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 10. The application stands disposed of. Order Date :- 15.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench