Neutral Citation No. - 2025:AHC-LKO:40292 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 782 of 2025 Applicant :- Shobhit Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Pratul Gupta,Ayush Gupta Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.1233 of 2023 under sections 342, 366 I.P.C., P.S. Kotwali Sadar, district Lakhimpur Kheri. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with. 3.Learned counsel for the applicant submits that two first information reports have been lodged against the applicant relating to the same incident. The first first information report No.1233 of 2023 has been lodged by father of the informant in which it is alleged that daughter of the complainant aged about 18 years who is studying in B.A. first Year has gone out on 21.12.2023 at about 9.00a.m., saying that she is going to college, however, she went missing. Suspicion has been raised that she has been enticed away by the accused applicant. The second first information report No.0162 of 2024 has been lodged by mother of the victim alleging therein that on 2.3.2024 at about 2.00 in the night, the named accused persons including the accused applicant in connivance with complainant's daughter is alleged to have looted valuables. On hearing knocking sound, she awoke. The accused persons escaped after inflicting injuries to the informant. It is submitted that in the second first information report, i.e. case crime No.162 of 2024 (supra), the applicant has been granted interim protection by a coordinate Bench of this court vide order, Annexure-10. In this case, the victim in her statement under section 161 CrPC and 164 CrPC has stated that she was coerced to sign and was enticed away by the accused persons. She refused to undergo medical examination. She has stated that she is 18 years old. In her statement under section 164 CrPC, she again has stated that she is major.She admitted that she stayed with the applicant for two days in Lucknow. Thereafter, they stayed in Shahjahanpur for 15-20 days, however, she was not subjected to any sexual offence. It is submitted that it is a case of false implication which is evident from the order of Division Bench of this Court passed in Crl. Misc. W.P. No.2508 of 2024 Simar Dixit and another versus State of U.P. and others filed by the victim and the applicant jointly where, they have stated that they are married and major and no offence under section 366 I.P.C. has been committed. Charge sheet in the case has already been filed. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.Considering the above aspects of the matter, perusal of the record, stand of the victim in Crl. Misc. W.P. No.2508 of 2024 (supra), statement of the victim, noted above, the applicant has no criminal history, charge sheet has already been filed, custodial interrogation is not required, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. Order Date :- 15.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench