Neutral Citation No. - 2025:AHC-LKO:38713 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 773 of 2025 Applicant :- Hetram @ Hetram Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. And 3 Others Counsel for Applicant :- Lakshmana Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Learned AGA on the basis of written instructions has informed that 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. 114 of 2025, under Sections 74, 351(3), 126(2) of B.N.S. & Section 7/8 of POCSO Act, P.S.- Khairighat, District- Bahraich. In the prosecution case, it is alleged that on 18.3.2025 at about 04.00 pm, while the minor daughter of the informant aged about 13 years was going to give water on the agricultural field, on the way the applicant has molested here and dragged her towards the sugarcane field. On hue and cry, the neighbours came and the applicant ran away while extending threat to life. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The victim has made improvement while giving her statement under Sections 180 and 183 BNSS. In the statement under Section 180 BNSS, the victim has stated that she had bitten the accused- applicant. However, no bite mark has been found on the person of the applicant, which creates doubts on the authenticity of the prosecution story. Learned counsel further submits that charge-sheet in the case has been filed. The maximum sentence provided under the offences in which the applicant is charged, is up to 7 years. The applicant has no previous criminal history and he undertakes to cooperate in the trial. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the severity of the punishment, the gravity of the offence and the fact that the applicant has no previous criminal history; charge-sheet in the case has been filed 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 above, the applicant- Hetram @ Hetram Yadav 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 :- 8.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench