Neutral Citation No. - 2025:AHC-LKO:44040 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 556 of 2025 Applicant :- Nahida @ Nahid Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Dinesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The applicant has moved the present application praying for grant of anticipatory bail in Case Crime no.387 of 2023, under section 80/81 Juvenile Justice Care (Protection of Children) Act, 2015, registered at Police Station Kotwali City, District Pratapgarh. 2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. None appears for the complainant although notice has been served. 3.This Court while giving interim protection has passed the following order on 22.5.2025: "1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite parties no.1 to 3-State. 2. Issue notice to opposite party no.4. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.387 of 2023, under section 80/81 Juvenile Justice Care (Protection of Children) Act, 2015, registered at Police Station Kotwali City, District Pratapgarh. 4. As per contents of first information report, allegations levelled is that one Akhtari Begum took the informant's sister in adoption but thereafter the said Akhtari Begum's son Akshya Babu committed rape upon the minor sister of informant due to which she became pregnant and gave birth to a son who was subsequently sold to the applicant. 5. It is submitted that applicant has been falsely implicated in allegations levelled against her and it is in fact the applicant who informed the minor sister of informant with regard to her son being alive and in the applicant's custody. It is submitted that allegations of sale and purchase of the intent as alleged in the FIR against the applicant is not corroborated by the minor sister of informant herself in her statement recorded under Section 164 Cr.P.C. It is submitted that even otherwise maximum punishment with regard to the Sections is three years and applicant had cooperated during investigation where after charge-sheet has also been filed. It is submitted that applicant does not have any previous criminal history. 6. Learned Additional Government Advocate has opposed anticipatory bail but does not dispute the said facts. It is admitted that applicant cooperated in the investigation whereafter charge-sheet has been filed and that she does not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the minor sister of informant has not corroborated allegations levelled against applicant in their statement recorded under Section 164 Cr.P.C. It is also admitted that applicant has cooperated in the investigation whereafter charge-sheet has been filed. 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 interim anticipatory bail to applicant under Section 438 Cr.P.C./482 B.N.S.S. 8. List this case on 03.07.2025, as fresh alongwith service report. 9. Objections may be filed in the meantime. 10. In view of the above, it is provided that in the event of arrest, applicant- Nahida @ Nahid Bano shall be released on anticipatory bail in aforesaid Case Crime number on 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 her 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. 11. 11. 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." 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. 5.Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, undertaking that the applicant shall cooperate in the trial, charge sheet has been filed and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 6.The application is allowed accordingly. Order Date :- 30.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench