HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1932 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.171 of 2025 under sections 74, 131, 352, 351(3) BNS/old sections 354, 352, 504, 506 I.P.C., 7/8 of POCSO Act, 3(1)(da), 3(1)(dha), 3(1)(w)(i), 3(2)(va) SC/ST Act, P.S. Ramgaon, district Bahraich. 2.Heard learned counsel for the applicant, Mr. Ashutosh Bajpai, Advocate for the complainant who has filed vakalatnama today which is taken on record, and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that on 26.5.2025 at about 9.00p.m., while the daughter of the complainant was washing the utensils at her door, the accused applicant came there and started molesting the victim which was opposed by her. It is further alleged that the accused applicant has hurled caste related words and abused her and further threatened to kill. 4.Learned counsel for the applicant submits that the applicant is innocent. The first information report has been lodged after delay of two days without any explanation. No specific caste related abuse is alleged in the first information report or in the statement of the complainant. It is Versus Counsel for Applicant(s) : Dhananjai Kumar Tripathi Counsel for Opposite Party(s) : G.A., Ashutosh Bajpai Rahul Shahu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home And 3 Others .....Opposite Party(s) submitted that the victim has refused to undergo medical examination which makes the prosecution story highly improbable. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate and complainant's counsel have opposed the prayer made by applicant's counsel. However, learned A.G.A. does not dispute the fact that the victim has refused to undergo medical examination. It is submitted that the applicant has earlier criminal history of SC/ST Act. 6.A perusal of the record shows that no specific caste related abuse is alleged in the first information report or in the statement of the victim or the complainant. Thus, the bar provided under SC/ST Act to entertain anticipatory bail is not applicable. A perusal of the statement of the victim under section 183 BNSS shows that the victim has alleged that the accused has beaten her on her cheek. Still, the victim has refused to undergo medical examination. She has also made improvement while giving statement under Section 183 BNSS. Considering these aspects of the matter as also the undertaking given on behalf of the applicant that he shall cooperate in the trial, 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 NABAIL No. 1932 of 2025 2 accordance with law. 9. The application is allowed accordingly. December 9, 2025 kkb/ NABAIL No. 1932 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench