HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 465 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sachin Tiwari, the learned counsel for the applicant, Smt. Kamlesh Kumari, learned A.G.A. appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 20.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1-State. 2. Issue notice to opposite party no.2. 2A. Supplementary affidavit filed today is taken on record. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.0045 of 2025 under Sections 87, 137(2) I.P.C., P.S. Arwal, District Hardoi. 4. As per contents of first information report, which has been lodged against unidentified persons, minor sister of informant is said to have been enticed away on 23.02.2025. 5. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him only on account of fact that the family of alleged victim did not support the relationship between applicant and the victim. It is denied that the victim is minor and it is claimed that in fact applicant and victim have married and are living together. It is submitted that Versus Counsel for Applicant(s) : Sachin Tiwari Counsel for Opposite Party(s) : G.A. Ram Raj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) applicant undertakes to cooperate in investigation. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that neither applicant nor the victim is reachable due to which investigation is still pending. It is however admitted that applicant does not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that the aspect of victim being minor and being enticed away by applicant is yet to be established during course of investigation in which applicant undertakes to cooperate. 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. List this case on 02.07.2025, as fresh, along with service report. 9. Objections may be filed in the meantime. 10. Learned Additional Government Advocate shall obtain instructions by the next date of listing regarding cooperation of applicant in the investigation. 11. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Ram Raj shall be released on interim bail on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to following conditions:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. " 3. The office has reported that the notice to the opposite party no.2 NABAIL No. 465 of 2025 2 stands served personally but the opposite party no.2 has not put in appearance to oppose the anticipatory bail application. 4. The State has filed a counter affidavit opposing the anticipatory bail but the learned A.G.A has not alleged any misuse of the liberty of granting interim anticipatory bail to the applicant. 5. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate Bench of this Court on 20.05.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 20.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 465 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench