HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1216 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Piyush Pathak, learned counsel appearing on behalf of the applicant as well as Shri Manish Vikram Singh Chauhan, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.0202 of 2025, under Sections 74, 352, 351(3) of BNS and sections 7/8 of POCSO Act and Sections3(2)(va), 3(1)(da), 3(1)(dha) of SC/ST Act, registered at Police Station- Motipur, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.03.2025 against the applicant and his brother Amritlal @ Makhan Lal, in furtherance of an application under Section 173(4) BNSS stating that when the informant's daughter aged 14 years had gone to attend the call of nature outside the village at around 08:00 P.M. on 17.08.2024, the accused persons molested her and tried to rape her. 4. 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 because of village party bandi. 5. In the statement of the victim recorded under Section 180 BNSS, she stated that the applicant had molested her, she somehow set herself free, went home and told her mother about the incident and thereafter, the Versus Counsel for Applicant(s) : Piyush Pathak, Om Prakash Prajapati, Vaibhav Prakash Jaiswal Counsel for Opposite Party(s) : G.A. Pawan Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Govt. Of U.P. Lko. And 3 Others .....Opposite Party(s) applicant and co-accused Amritlal came there and abused her and her mother and they also threatened her. 6. In response to the question put by the Investigating Officer, the victim stated that the applicant had not committed any misdeed against her. 7. In the statement of the victim recorded under Section 183 BNSS, she stated that when she had gone to attend the call of nature, the applicant was present there, he started calling her. The victim stated that she would tell about it at her home. The applicant tried to come near her but she went far away. She merely stated that the applicant has tried to molest her but she came back home. The victim has declined to undergo medico-legal examination. 8. The learned A.G.A. has opposed the prayer for anticipatory bail but he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 07.05.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid statements of the victim coupled with the fact that the applicant has no previous history; that the investigating already stands concluded without any requirement of any custodial interrogation, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on 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. NABAIL No. 1216 of 2025 2 (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. September 10, 2025 S. Shivhare NABAIL No. 1216 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench