Neutral Citation No. - 2025:AHC-LKO:46162 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 990 of 2025 Applicant :- Anil Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others Counsel for Applicant :- Amit Kumar Awasthi Counsel for Opposite Party :- G.A.,Rakesh Kumar Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Amit Kumar Awasthi, the learned counsel appearing on behalf of the applicant as well as Shri Jayant Singh Tomar, the learned A.G.A.-I appearing on behalf of the State and Shri Rakesh Kumar and Shri Prateek Dixit, learned counsel for the complainant. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.469 of 2024, under Sections 354/323/506/504 I.P.C. and Sections 7/8 of POCSO Act registered at Police Station- Gola, District- Lahimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.07.2024, against six persons including the applicant, stating that the accused persons are the neighbours of the informant and they harassed the informant and her parents day in and day out, because of their obscene activity, the informant stopped going to the school. On 25.05.2024, the accused persons entered the informant's house at about 10:00 p.m., molested her, tried to rape her and tore her clothes. The informant suffered injuries in the incident and the accused persons abetted her to commit suicide. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that co-accused Amit Saxena had tore her clothes. A quarrel took place between her mother and co- accused persons. Her mother made a telephone call to the informant's Mama, who came there and saved her. The informant stated that no misdeed was committed against her. Even in the medico-legal examination, the informant stated that no misdeed was committed against her and the doctor opined that there were no signs of use of force. 5. In the statement of victim recorded under Section 183 of B.N.S.S., she stated that quarrels have taken place between accused persons and the informant's father on several occasions. On the date of incident, the accused persons had quarreled with her mother and they had caught her hand and torn away her clothes. She stated that even though she has raised hue and cry for help, no person from the vicinity came to her rescue. 6. The Investigating Officer has recorded statements of some independent witnesses, who stated that there is old enmity between the parties and a civil suit is pending between them. They stated that other allegations levelled in the F.I.R. are false. 7. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent having no criminal history and he has been falsely been implicated in the present case. 8. Learned counsel for the informant has vehemently opposed the prayer for bail and he has submitted that the learned trial court has issued bailable warrant against the applicant and therefore, there is no apprehension of arrest of the applicant, which is a pre-requisite for entertaining application for anticipatory bail. 9. Responding to the aforesaid contention, the learned counsel for the applicant has submitted that the applicant is accused of commission of non-bailable offence and upon his appearance before the trial court, there is every apprehension of the applicant being taken into custody. 10. The learned A.G.A. has opposed the prayer for bail and submitted that the allegations have been established during the investigation and only thereafter, charge sheet has been submitted against the applicant. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view of the statements of the victim wherein she has stated that no misdeed was committed against her and the statements of independent witnesses and that the applicant has no criminal history and that the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 12. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their 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/herself 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. Order Date :- 7.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench