HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 546 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The applicant has moved the present application praying for grant of anticipatory bail in Case Crime No. 216 of 2024, under sections 137(2),61(2) of the B.N.S. and section 16/17 of the POCSO Act, Police Station-Risiya, District-Bahraich 2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. 3.This Court while giving interim protection has passed the following order on 23.6.2025 : "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The first anticipatory bail application of the applicant was rejected by this court vide order dated 07-02- 2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No. 117 of 2025. This is second anticipatory bail application filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 216 of 2024, under sections 137(2),61(2) of the B.N.S. and section 16/17 of the POCSO Act, Police Station-Risiya, District-Bahraich. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that on the request of the victim, the present applicant had given lift and thereafter, the victim went away with one Bikram @ Vikram. He next added that Bikram @ Vikram has already been enlarged on anticipatory bail by this court vide order dated 10-04-2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No. 310 of 2025. He submits that the applicant has no previous criminal history and there is no cogent evidence against him. He also submits that since there is Versus Counsel for Applicant(s) : Ram Baran Singh, Raj Kumar Singh Counsel for Opposite Party(s) : G.A. Budh Ram .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. And 3 Others .....Opposite Party(s) an acute apprehension that the police will arrest the applicant and therefore, he may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief, but, he could not dispute the fact that the identically situated co-accused namely, Bikram @ Vikram has already been enlarged on anticipatory bail by this court. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Budh Ram shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (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 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 in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notices be issued to opposite parties no. 2 to 4 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter on 01-08-2025. In the meantime, learned counsel for the opposite parties shall file their counter affidavits. 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. He further submits that the co-accused persons, namely Arman Ali and Bikarm alias Vikram, who was the main accused have been granted anticipatory bail vide orders contained in Annexure NABAIL No. 546 of 2025 2 No.12 jointly. The case of the applicant is on better footing than the co- accused Vikarm. 5.Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, undertaking that the applicant shall cooperate in the trial, charge sheet has been filed, the co-accused named above have been granted anticipatory bail, the application is allowed and the order, extracted above is made absolute. November 13, 2025 kkb/ NABAIL No. 546 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench