HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1402 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.95 of 2018 under sections 363, 366 I.P.C., 7/8 POCSO Act, P.S. Tambour, district Sitapur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. As per instruction of learned A.G.A., notice to the complainant is served, however, none appears for her. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated, having no criminal history. The victim in her statement under section 161 CrPC has stated that none of the family members of Sitaram including the applicant is involved in this case. While giving statement under section 164 CrPC, she has made improvement and general allegation has been levelled in the prosecution case. Charge sheet has been filed. 4.Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the record, the Versus Counsel for Applicant(s) : Anurag Singh Counsel for Opposite Party(s) : G.A. Sunder Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, the applicant has no criminal history, contradictory statement of the victim, charge sheet has been filed, judgment of Supreme Court in 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. 7. 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. 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. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. December 17, 2025 kkb/ ABAIL No. 1402 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench