Neutral Citation No. - 2025:AHC-LKO:7297 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2236 of 2024 Applicant :- Nanka @ Bittu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Bhanu Dutt Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. In order dated 27.09.2024, the Coordinate Bench has noted that the notice to complainant/ informant/ opposite party no.2 has been served, however, no one is present for the opposite party no.2. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 3. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in case crime No.232 of 2022, under Sections 120-B, 363 I.P.C. and Section 17/18 POCSO Act, Police Station Payagpur, District Bahraich. 4. From perusal of the order sheet, it appears that on 27.09.2024, the following order was passed:- "The present bail application has been filed seeking anticipatory bail in case crime No.232 of 2022, under Sections 120-B, 363 I.P.C. and Section 17/18 POCSO Act, Police Station Payagpur, District Bahraich. Heard learned counsel for the applicant and learned A.G.A. for the State. As per the instructions of learned A.G.A. notices to the respondent no.2 has been served, however, no one has appeared on behalf of the respondent no.2. Learned counsel or the applicant submits that the applicant is a lady and she is not named in the FIR neither in the statement under Section 161 Cr.P.C. While giving statement under Section 164 Cr.P.C. the victim for the first time has taken the name of the applicant with the allegation of encouraging the main accused, who enticed away. It is submitted that the prosecution case suffers from improvement. There is no corroborative evidence. The victim is major as per the radiological examination report. It is further submitted that during investigation she was not arrested. Charge-sheet has been filed. She undertakes to cooperate in the trial. She has no previous criminal history. Learned A.G.A. has opposed the bail application. Perused the record. On due consideration to the fact that the applicant is a lady, she has no previous criminal history, so also the varied statements under Section 161 Cr.P.C. and Section 164 Cr.P.C. and the facts that the applicant was not arrested during investigation, charge-sheet has been filed, it is provided that the applicant shall surrender before the learned court below within a period of twenty days' from today. In case, the applicant surrenders before the court below, the applicant shall be enlarged by the learned court below on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:- (1) The applicant shall cooperate in the trial and he will not influence the witnesses. (2) The accused-applicant will remain present on each and every date fixed by the trial court. (3) The applicant shall not leave India without previous permission of the Court. List this case on 18.10.2024. In the meantime, learned A.G.A. shall file objections/counter affidavit. " 5. From perusal of the order dated 27.09.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. 6. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Nanka @ Bittu till disposal of the trial subject to the following conditions:- (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. 7. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 4.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench