HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1612 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Case called out. None appears for the applicant. Learned A.G.A. for the State is present. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 0075 of 2024 under Section 342, 376, 323, 506 I.P.C. and Sectionn 3/4 POCSO Act,Police Statin Itiyathok, District Gonda. This Court vide order dated 23.7.2024 has passed the following order granting interim anticipatory bail to the applicant:- "Heard learned counsel for the applicant and learned A.G.A. for respondent State as well as perused the record. Issue notice to respondent no.2 returnable at an early date. The present application has been filed by the applicant seeking anticipatory bail in Case Crime No./F.I.R. No.0075 of 2024 under Section 342, 376, 323, 506 I.P.C. and Sectionn 3/4 POCSO Act,Police Statin Itiyathok, District Gonda. Learned counsel for the applicant submits that earlier a complaint in Jan Sunvai was Versus Counsel for Applicant(s) : Anubhav Dwivedi, Smt.Seema Dwivedi Counsel for Opposite Party(s) : G.A., Naveen Kumar Pandey Safik .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s) given by the informant upon which the police has submitted its report that due to quarrel between the children the complaint has been made by exaggerating the facts and the matter was closed. Thereafter an application under Section 156(3) Cr.P.C. was given in which for the first time allegation of rape has been leveled. Statement of the victim under Section 164 Cr.P.C. was recorded after eight months. The age of the victim as per the medical examination has been found to be 18-19 years old. She is major. There is no corroborative evidence in support of the prosecution case. The applicant has been implicated only because his father refused to marry the victim. Learned A.G.A. has opposed the bail prayer and prays for two weeks' time to file Counter Affidavit. On due consideration to the material on record, statement under Section 164 Cr.P.C., the medical report of the victim and the delay in lodging the F.I.R. as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant Safik shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. Two weeks' time is allowed to learned counsel for the respondents to file Counter Affidavit, one weeks thereafter for Rejoinder Affidavit. List on 14.8.2024." Learned AGA, based upon written instructions, submits that charge-sheet in the case has already been filed on 14.8.2024. There is nothing on record to show that he has not cooperated in the investigation or misused the liberty of interim anticipatory bail granted by this Court. ABAIL No. 1612 of 2024 2 Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has not misused the liberty of interim anticipatory bail granted by the Court, the anticipatory bail application is disposed of in terms of the interim order. September 11, 2025 Shravan ABAIL No. 1612 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench