Neutral Citation No. - 2025:AHC-LKO:42241 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2320 of 2024 Applicant :- Basheer Khan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Ravi Singh,Afzal Hasan Counsel for Opposite Party :- G.A.,Mohd.Anas Siddiqui Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Afzal Hasan, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2.However, no one has appeared on behalf of the complainant/ opposite party No.2 nor any request for adjournment of the case has been made. 3.By means of this anticipatory bail application, the present applicant (Basheer Khan) has prayed for grant of anticipatory bail in F.I.R./Case Crime No.0975 of 2017, under Sections 376(D) & 506 I.P.C. and Section 5(g)/6 of Protection of Children from Sexual Offences Act (in short POCSO Act), Police Station-Risiya, District-Bahraich. 4.Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the impugned First Information Report (in short F.I.R.). Though he is named in the F.I.R. which has been lodged on 16.07.2017 for the alleged incident dated 30.05.2017 on the basis of application filed under Section 156 (3) Cr.P.C., but during the course of investigation nothing incriminating has been found against the present applicant. 5.Attention has been drawn towards Annexure No.8 of the bail application, which is an affidavit of the mother of the prosecutrix who has stated that the parties have entered into compromise, therefore, she will not oppose the bail application. 6. Per contra, Sri Bhanu Pratap Singh, learned Additional Government Advocate has submitted that this is a case where the allegation is relating to gang rape besides of POCSO Act inasmuch as the victim is a minor girl. He has further submitted that the victim while recording her statement under Section 164 Cr.P.C. has specifically alleged against the present applicant. Further, in the cases of POCSO Act, the compromise may not be entered into between the parties. Therefore, instead of filing this anticipatory bail application, the present applicant should file his regular bail application before appropriate court of law. 7. Having considered the submissions of learned counsel for the parties and having perused the material available on record, I do not find it proper to grant anticipatory bail to the aforesaid applicant, however, he may file his regular bail application before the competent court of law. 8. Accordingly, this anticipatory bail application is rejected. 9. However, liberty is given to the present applicant to appear/surrender before the learned trial court concerned within two weeks from today and file his regular bail application and if the present applicant appears/ surrenders before the learned trial court concerned within the aforesaid stipulated time and file his regular bail application, such regular bail application may be considered and decided by the learned trial court concerned with expedition, strictly in accordance with law by affording an opportunity of hearing to the parties concerned and without giving any unnecessary adjournment to any of the parties. . [Rajesh Singh Chauhan,J.] Order Date :- 23.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench