Neutral Citation No. - 2025:AHC-LKO:40344 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 859 of 2025 Applicant :- Ram Bhajan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashutosh Bajpai Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime/FIR No. 172/2025, Under Section- 87, 137(2)of B.N.S., Police Station- Matera, District- Bahraich. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. In the prosecution case, it is alleged that on 13.06.2025 at around 9:00 PM, the minor daughter of the complainant was enticed away by the accused/applicant, who is a relative of both the complainant and the victim. Learned counsel for the applicant submits that a perusal of the victim’s statements recorded under Sections 180 and 183 of the BNSS shows that she has not supported the prosecution version. She has also refused to undergo the medical examination. It is further contended that no offence under Sections 87 and 137(2) of the BNS is made out against the applicant. Learned counsel further submits that the applicant has no previous criminal antecedent, is not a convict, and is willing to cooperate with the investigation. Learned AGA has opposed the bail application, arguing that the prosecutrix is a minor. He has further submitted that Section 87 of the BNS has already been dropped. The investigation is still ongoing. Considering the statements of the victim recorded under Sections 180 and 183 BNSS, her refusal to undergo medical examination, so also the fact that the applicant has no prior criminal antecedents and the applicant’s undertaking to cooperate with the investigation, and without expressing any opinion on the merits of the case, this Court, in light of the judgment of Sushila Aggarwal & Others v. State (NCT of Delhi) & Another, (2020) 5 SCC 1, finds it a fit case to grant anticipatory bail to the applicant. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within seven days from the date of receipt of certified copy of the order. She shall cooperate in the investigation and she 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. The anticipatory bail application is allowed. Order Date :- 15.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench