HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1909 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No.-257/2025, Under sections- 87, 137(2) BNS and section 16/17 POCSO Act, P.S.-Sakran, District-Sitapur. Heard learned counsel for the applicant and learned A.G.A. for the State. Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. In the prosecution case, it is alleged that on 12.08.2025 at about 4:00 p.m., the minor daughter of the informant, aged about 16 years, was enticed away by the applicant. Submission of learned counsel for the applicant is that in her statements recorded under Sections 180 and 183 BNSS, the victim has categorically denied the allegations made in the FIR. It is contended that she voluntarily left with the applicant and had been in a relationship with him for the past three years. She further stated that she stayed with the applicant for five days in Delhi and also declined to undergo medical examination. Learned AGA has opposed the bail application. Upon perusal of the record, including the victim’s statements under Sections Versus Counsel for Applicant(s) : Devanand Pandey, Saurabh Tiwari Counsel for Opposite Party(s) : G.A. Karan .....Applicant(s) State Of U.P. Thru. Its Prin. Secy..Home Lko. And 3 Others .....Opposite Party(s) 180 and 183 BNSS, the prima facie ingredients of enticement do not appear to be made out. Considering the victim’s statements under Sections 180 and 183 BNSS, her refusal to undergo medical examination, the fact that the applicant has no criminal antecedents, and the undertaking given on his behalf to cooperate with the investigation, this Court is of the opinion that the applicant is entitled to the benefit of anticipatory bail in view of the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. December 4, 2025 R.C. NABAIL No. 1909 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench