HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1791 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/FIR No. 38 of 2025, under Sections 74, 78, 351(2), and 126(2) of the BNS, Section 3(2)(va) and 3(1)(w)(i) of the SC/ST Act, and Sections 7/8 of the POCSO Act, Police Station Tikoniyan, District Lakhimpur Kheri. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. As per the instructions of learned A.G.A. notices to respondent no.2/complainant has already been served. In the prosecution case, it is alleged that on 24.02.2025, the sister- in-law of the informant had gone to appear for her Intermediate examination at Maharaj Agrasen Inter College along with the complainant’s brother, Mohit. While they were returning at around 5:30 p.m., it is alleged that the applicant molested the victim. Learned counsel for the applicant submits that there is no allegation of commission of any offence under the SC/ST Act. The charge-sheet has already been filed. The statements of the victim are contradictory, and there is persistent improvement in the prosecution case at every stage. Learned counsel for the applicant Versus Counsel for Applicant(s) : Rahul Kumar Counsel for Opposite Party(s) : G.A. Suhel @ Suhel Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) undertakes that the applicant shall cooperate in the trial. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel and submitted that it is not a case of false implication. On due consideration to the improvement in the prosecution case; statement of the victim under Section 180 and 183 BNSS; the undertaking given on behalf of the applicant that he shall cooperate in the trial; charge sheet has been filed, he has no criminal antecedents as also the 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. In view of the above, it is provided that the applicant shall surrender before the concerned court within 20 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 with the following conditions:- 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. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. November 25, 2025 Madhu D.R/P.S NABAIL No. 1791 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench