HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1719 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 300 of 2025, Under Sections 75(2), 352, 351(3) B.N.S and Section 7/8 POCSO Act, Police Station Kotwali Tanda, District Ambedkar Nagar. 2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. As per the statement of learned A.G.A, notice has been served upon opposite party no. 2, but none is present on behalf of the complainant. 3. In the prosecution case, it is alleged that in the year 2016, when the victim was minor and was student of class-VII in Delhi Science Academy, Mubarakpur, the applicant used to molest her. When she became major, she requested the applicant to marry her, the families of both the parties agreed for marriage. It is alleged that after the marriage was fixed, he wanted to make physical relations with the victim, which was refused by the victim and later on, the applicant refused to marry the victim. 4. Learned counsel for the applicant submits that the statement of the victim recorded under Section 180 and 183 B.N.S.S and other materials including the whatsapp chats go on to show that the victim is a consenting party and the victim and the applicant were in a relationship for several years and only because the applicant refused to marry the victim, he has been implicated in this case. He further submits that the victim is major. 5. He further submits that the applicant has no previous criminal history. The investigation is complete and chargesheet has been filed. Versus Counsel for Applicant(s) : Niyaj Ahmad Counsel for Opposite Party(s) : G.A. Tauseef Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Learned Additional Government Advocate has opposed the prayer made by applicant's counsel. 7. Considering the above aspects of the matter, perusal of the record so also the statement of the victim recorded under Section 180 and 183 B.N.S.S; the fact that offences are punishable upto a maximum period of 7 years, the fact that chargesheet has already been filed, the undertaking given on behalf of the applicant that he shall cooperate in the trial as also considering the judgment of Hon'ble Supreme Court in the case of Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 8. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. 9. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 10. In case of default, it would be open for the trial court to proceed in accordance with law. 11. The anticipatory bail application is allowed accordingly. November 14, 2025 DiVYa NABAIL No. 1719 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench