Neutral Citation No. - 2025:AHC-LKO:44985 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 953 of 2025 Applicant :- Sameer Khan @ Mohammad Sameer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Pawan Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pawan Kumar Sharma, the learned counsel for the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. appearing on behalf of the State and Shri Junaid Khan, Advocate holding brief of Shri Ambrish Kumar Dubey, the learned counsel, who has filed a vakalatnama on behalf of the complainant, which is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.78 of 2025 under Sections 74, 333, 115(2), 352, 351(3) of BNS registered at Police Station- Nawabganj, District- Bahraich. 3. The aforesaid case has been registered on the basis of a F.I.R. lodged on 22.05.2025 against four persons, including the applicant, stating that the accused persons often molest and tease informant's minor daughter aged 15 years and all of them entered the informant's house at about 08:00 PM on 15.05.2025 and molested the informant's daughter. When the informant registered the accused persons, they beaten-up and threatened the informant. 4. The informant and the victim have supported the FIR allegations in the statement recorded by the Investigating Officer. The informant has declined the medico-legal examination of the victim. As per the birth certificate, the date of birth of the victim is 08.03.2009 and she was minor at the time of the incident. 5. In the statement of the victim recorded under Section 183 BNSS, she stated that there is a property dispute between the parties and the accused persons want to take possession of the land of the informant. 6. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a young man aged 22 years having no criminal history and he has falsely been implicated in the present case. 7. Learned counsel for the complainant has vehemently opposed the prayer for anticipatory bail of the applicant and he has submitted that the applicant is cousin of the victim and the offence of molestation committed by the cousin of the minor victim is very serious and heinous. 8. The disclosure made by the learned counsel for the complainant accidentally that the accused persons are cousins of the victim, is not disclosed in the allegations levelled in the FIR or in the statement wherein the victim has merely stated that there is property dispute between the parties and it fortifies the submission of the learned counsel for the applicant that because of a property dispute between the family members, the complainant has falsely implicate her own nephews alleging molestation of her daughter by her cousins, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sameer Khan @ Mohammad Sameer before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 4.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench