HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1342 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 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. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No.301/2019, Under Section 354, 323, 504, 506 IPC and section 7/8 POCSO Act, P.S. Lalganj, District Pratapgarh. Submission of learned counsel for the applicant is that although the alleged incident took place on 22.04.2019, the FIR was lodged belatedly on 28.05.2019 without any plausible explanation for the delay. It is further submitted that a civil suit between the parties is already pending, being Suit No. 229 of 2015 before the Civil Judge (Senior Division), Pratapgarh, and due to this civil dispute, the applicant has been falsely implicated in the present case. The charge sheet has been filed and the offences alleged are triable by the Magistrate. The applicant also undertakes to cooperate in the trial proceedings. Learned AGA has opposed the bail application. Considering the statements of the victim recorded under Sections 161 and Versus Counsel for Applicant(s) : Narendra Gupta, Dharmendra Kumar Gupta Counsel for Opposite Party(s) : G.A. Uday Shanker Dwivedi .....Applicant(s) State Of U.P. Thru. Secy. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s) 164 Cr.P.C., the fact that the charge sheet has been submitted, and the undertaking furnished on behalf of the applicant to cooperate during trial, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail, in light of the principles laid down by the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his continued cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. December 4, 2025 R.C. ABAIL No. 1342 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench