Neutral Citation No. - 2025:AHC-LKO:41986 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 559 of 2025 Applicant :- Deepak Patel @ Bablu Patel( Deepak Bind In Fir) Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And 4 Others Counsel for Applicant :- Dinesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per the office report, the notices to the complainant are served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime/FIR No. 189 of 2024, under Sections 354(ka), 452, 506 IPC and 7/8 of POCSO Act, P.S.- Raniganj, District- Pratapgarh. In the prosecution case, it is alleged that the minor daughter of the complainant has been molested by the applicant in the house of the complainant. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He has been preparing for recruitment in the Indian Army. There is enmity between the parties regarding several letters which have been given by the applicant to the S.D.O./S.H.O. which are contained in Annexure-2 collectively. It is further submitted that the victim has refused to undergo medico legal examination. In the radiology examination, the victim has been found to be 18 years old. Thus, no offence under Section 7/8 of POCSO Act is made out. Furthermore, the applicant has no previous criminal history. He has fully cooperated in the investigation. Charge-sheet in the case has been filed. The applicant undertakes to cooperate in the trial. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has no previous criminal history; charge-sheet in the case has been filed; cognizance of the offence has already been taken on 28.03.2025 and the undertaking given by the applicant to cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of the judgment of the Hon'ble Supreme Court in re: Musheer Alam vs. State of U.P. and another, decided on 17.01.2025 vide S.L.P. (Crl.) No. 18081 of 2024. In view of the above, the applicant- Deepak Patel @ Bablu Patel (Deepak Bind in FIR) is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing personal bonds and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade him from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the anticipatory bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting anticipatory 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. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 22.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench