HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2337 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Gyanendra Pathak, the learned counsel for the applicant, Sri Manish Vikram Singh Chauhan, the learned A.G.A. appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed by a coordinate Bench of this Court on 04.10.2024: "The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 214/2023, under Sections 354 IPC and Section 3b/4 of POCSO Act, P.S. Dargah Sharif, District Bahraich. Heard learned counsel for the applicant and learned A.G.A. for the State. None appears on behalf of the complainant, even though, notices to respondent no. 2 are served as per the instructions provided by the learned AGA. Learned counsel for the applicant submits that the alleged offence is said to have been committed on 14.08.2023. An application under Section 156(3) Cr.P.C. was given after one month and nineteen days without there being any explanation of the delay. The police during investigation has found that no such offence was committed. A report to this effect has been given by the Sub Inspector Indrajeet Yadav on 18.11.2023 to the Court of Additional District and Sessions Judge/Special Judge POCSO Act, Bahraich along with report on the application given Versus Counsel for Applicant(s) : Gyanendra Pathak Counsel for Opposite Party(s) : G.A. Sageer .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) by the complainant to the Superintendent of Police Bahraich wherein she had stated that the accused are innocent. Learned counsel for the applicant further submits that the applicant and the victim are resident of separate police stations and hence, there was no occasion for her to identify him and know the name of the applicant. It is a case of false implication. It is submitted that the applicant is innocent. The applicant has never absconded. He undertakes to cooperate in the trial. Two weeks' time is granted to learned AGA to file objections/ counter affidavit. List on 22.10.2024. On due consideration to the submission advanced as well as police report and the fact that the applicant has no criminal antecedent, so also the undertaking given on behalf of the applicant that he shall cooperate in the trial, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; ABAIL No. 2337 of 2024 2 It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses." 3. Although, it is recorded in the order dated 04.10.2024 that notice of application has been served upon the opposite party no.2, but as per instructions provided to the learned A.G.A. neither the State nor the complainant have filed any counter affidavit. 4. The learned A.G.A. could not point out any misuse of interim anticipatory bail granted to the applicant. The investigation already stands concluded. 5. No material has come to light which may persuade this court to take a view different from the one taken by the coordinate Bench. 6. In view of above, the interim order dated 04.10.2024 is made absolute and the anticipatory bail application is allowed. September 17, 2025 Ram. ABAIL No. 2337 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench