HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1421 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Amit Kumar Awasthi, the learned counsel for the applicant as well as Sri J.S. Tomar, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.135 of 2025, under Sections 74/352/351(3)/333 B.N.S. and Section 7/8 of POCSO Act, registered at Police Station Padua, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.03.2025 alleging that the applicant entered the informant's house at 01.30 Hrs. in the night of 16.03.2025 and started molesting the informant's 15 years old sister and did obscene activities. Upon hearing the noise the informant reached the spot whereupon the applicant ran away while abusing and threatening them through rooftop. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. In the statement of the victim recorded under Section 180 BNSS she alleged that the applicant did obscene activities by threatening Versus Counsel for Applicant(s) : Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Anil Kumar @ Pradhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) her with a pistol. When she raised hue and cry the applicant escaped through a gali inside the house. 6. During medico legal examination the victim told the doctor that the applicant had committed the misdeed against her, but this allegation was not supported by the findings of medico legal examination report. 7. In the statement of the victim recorded under Section 183 BNSS the victim did not allege commission of misdeed but she alleged molestation by the applicant. 8. The learned A.G.A.-I has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 11.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the discrepancies in the statements of victim coupled with the fact that the investigation already stands concluded during which the applicant was not arrested and the applicant is a young man having no criminal history and the offence alleged carries a maximum punishment of imprisonment up to seven years and without making any observations which may affect the outcome of the case, 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- Anil Kumar @ Pradhan before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his 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 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 NABAIL No. 1421 of 2025 2 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 Ram. NABAIL No. 1421 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench