HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1129 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed seeking anticipatory bail in FIR No. 131 of 2025, under section 137 (2), 64 (1) BNS and 3/4 POCSO Act, P.S Patti, District Pratapgarh. 2. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Jay Prakash Singh Vats, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. 3. In the prosecution case, it is alleged that the minor daughter of the informant went missing on 03.10.2025. 4. Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR was lodged after an unexplained delay of one month. As per the educational record, the date of birth of the victim is 24.10.2007, and she was 17 years and 6 months old at the time of the incident. However, in radiological examination her age has been assessed to be between 19–20 years, indicating that she is a major. In her statement recorded under Section 180 BNSS, allegations of rape have been levelled against the applicant. Nevertheless, the statement also reflects that the victim voluntarily went away with the applicant, resided with him in Bangalore, and later returned on her own and herself reported to the police station on 12.05.2025, without raising any alarm. Furthermore, no corroborative evidence has been found in Versus Counsel for Applicant(s) : Anamika Singh Counsel for Opposite Party(s) : G.A., Ajay Kumar Singh, Jay Prakash Singh Vats Pramod Kumar Singh .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) the medico-legal examination of the victim, as neither external nor internal injuries were detected. In her statement under Section 183 BNSS, the victim changed her version of events and introduced the name of one Dheeraj, alleging that she also travelled to Hyderabad and stayed with him. 5. Learned counsel for the applicant further submits that the applicant has no criminal antecedents. It is also pointed out that the victim is habitual in lodging FIRs. The present FIR was lodged by her mother, whereas earlier another FIR under Section 137(2) BNS, registered as Case Crime No. 0043/2025, was lodged by her uncle in connection with the victim and her sister going missing. In that case, the police submitted a final report. The applicant has no criminal antecedents. 6. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. 7. Learned AGA has opposed the bail application; however, he could not refute the fact that no medical examination of the applicant was conducted. 8. Perused the record. 9. A perusal of the record shows that in the earlier case also, both the daughters of the complainant had gone missing, and the matter concluded with a final report being filed by the police. In the present case, there has been a delay of one month in lodging the FIR, and significant improvements have been made by the victim in her later statements. While the educational record shows her age as 17 years and 6 months, the radiological examination indicates that she is between 19–20 years. The absence of corroborative medical evidence further weakens the prosecution case. Hence, the possibility of false implication of the applicant cannot be ruled out. It is also undisputed that the applicant has no previous criminal record. 10. Considering the overall facts and circumstances, as well as the undertaking given by the applicant to cooperate in the investigation, this Court, in view of the judgment of the Hon’ble Supreme Court in Sushila NABAIL No. 1129 of 2025 2 Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, finds it appropriate to grant interim anticipatory bail to the applicant. 11. 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:- 12. The applicant shall report to the investigating officer within twenty days from today. 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. 13. The anticipatory bail application is allowed. August 29, 2025 R.C. NABAIL No. 1129 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench