HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 788 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Praveen Shukla, learned counsel for the applicant and Shri Jayant Singh Tomar, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 16.07.2025: "The present bail application has been filed seeking anticipatory bail in case crime/FIR No. 315/2019, U/Ss. 354(D) (1), 452, 506 I.P.C. & 8 Pocso Act, Police Station-Kunda, District-Pratapgarh. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that on 05.09.2019 at around 7:00 a.m., the applicant, along with a co-accused, entered the victim?s house, molested her, and threatened to kill her. Learned counsel for the applicant submits that the applicant has no prior criminal history and has cooperated during the course of the investigation. The charge sheet has already been filed, and the applicant was not arrested during the investigation. It is argued that no useful purpose would be served by sending the applicant to judicial custody, as he has been falsely implicated in the case. Learned counsel further undertakes that the applicant shall continue to cooperate during the trial proceedings. Learned A.G.A. has opposed the bail application, submitting that the Versus Counsel for Applicant(s) : Praveen Shukla Counsel for Opposite Party(s) : G.A. Raja Dubey @ Prakash Dubey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) victim, in her statements recorded under Sections 161 and 164 Cr.P.C., has supported the prosecution version. Issue notice to respondent No. 2. Steps be taken within a week. Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 21.08.2025. On due consideration to the severity of the punishment; the fact that the applicant has no criminal antecedent; charge sheet in the case has been filed; the judgment of the Supreme Court in "Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116", so also the undertaking given on his behalf to cooperate in the investigation, I am of the opinion that the applicant is entitled to be released on interim anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on interim anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:- The applicant shall report to the investigating officer within ten days from the date of receipt of certified copy of the order. He 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." 3. The office has reported on 21.08.2025 that the notice issued to the opposite party No.2 stands served personally but nobody is present on behalf of the opposite party No.2 to opposite the anticipatory bail application. 4. The State as well as the opposite party No.2 has not filed any counter affidavit. 5. The learned A.G.A.-I does not allege violation of any condition of interim anticipatory bail granted to the applicant. 6. Keeping in view of the aforesaid facts and circumstances, there ABAIL No. 788 of 2025 2 is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application is allowed. The interim order dated 16.07.2025 is made absolute in terms of the aforesaid order. September 16, 2025 S. Shivhare ABAIL No. 788 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench