Neutral Citation No. - 2025:AHC-LKO:49498 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 65 of 2024 Applicant :- Krishna Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Rajiva Dubey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 300/2024, under Sections 137(2)/87/64 BNS and Section 3/4 of POCSO Act, P.S. Bheera, District Lakhimpur Kheri. The Co-ordinate Bench of this Court vide order dated 1.10.2024 has passed the following order granting interim anticipatory bail to the applicant:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 300/2024, under Sections 137(2)/87/64 BNS and Section 3/4 of POCSO Act, P.S. Bheera, District Lakhimpur Kheri. In the prosecution case, it is alleged that on 03.07.2024 at about 4:00 pm, daughter of the informant, who was 16 years old, has been enticed away by the present applicant. Learned counsel for the applicant submits that after lodging of the FIR, the victim herself went to the police station and has given an application which is part of GD dated 24.07.2024, wherein she has written that she of her own accord went away with the applicant to Haridwar and where they have married. In the statement recorded under Section 180 and 183 BNSS, the victim has denied the prosecution case and has stated that she of her own accord went away with the applicant and married to him. It has been further submitted that the victim deliberately has not been subjected to ossification test. As per the school record, she is 16 years, 2 months and 2 days old. As per the own statement of the victim recorded under Section 180 of BNSS, she is 18 years old. As per the application given by the applicant to the police dated 24.07.2024, she has stated that she is 18 years old. Learned counsel for the applicant submits that the applicant is not a previous convict; he has no criminal antecedents and he undertakes to cooperate in the investigation. Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit. List on 23.10.2024. On due consideration to the statements of the victim recorded under Section 180 and 183 BNSS, so also her application dated 24.07.2024, coupled with the fact that there is no corroborative evidence; the applicant has no criminal antecedent and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he 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. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the aforesaid order. He has duly cooperated in the investigation. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge- sheet in the case has already been filed, the applicant has not misused the liberty of anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 1.10.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 22.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench