HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1104 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Vivek Pandey, learned counsel for the applicant, Sri Mayank Sinha , learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.462/2018, under Sections 363, 366 I.P.C./137(2), 87 BNS) and Section 7/8 of POCSO Act, registered at Police Station- Hasangaj, District- Lucknow Commissionerate. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.08.2018 stating that the applicant had enticed away the informant's sister aged about 18 years. 4. In the statement of victim recorded under Section 161 Cr.P.C., victim stated that she had gone with the applicant out of her own free will and she married him. She categorically stated that no misdeed was committed against her. 5. In the statement recorded under Section 164 Cr.P.C., the victim reiterated her earlier version. 6. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Vivek Pandey, Ankur Pathak, Kirti Gautam, Raj Kumar Pandey Counsel for Opposite Party(s) : G.A. Rahul .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s) 7. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 24.09.2018. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of victim that she has not leveled any allegation against the applicant; the applicant has no criminal history and he has undertaken to cooperate in the investigation, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Rahul 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 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 themselves 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. September 26, 2025 V. Sinha ABAIL No. 1104 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench