HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1687 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. 604 of 2024, under Sections 75(2), 351(2), 352, and 127(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station Kotwali Sadar, District Lakhimpur Kheri. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to the complainant is served as per the statement of learned A.G.A.. In the prosecution case, it is alleged that on 27.07.2024 at about 10:00 p.m., when the son of the complainant returned from a party at his sister's house at around 10:30 p.m., the accused, who was in an intoxicated condition, attempted to commit carnal intercourse with the victim. Learned counsel for the applicant submits that the victim, in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), has made material improvements. It is further submitted that the victim refused to undergo medical examination, and the father of the victim also declined to give consent for the same. The FIR was lodged after a delay of three days without assigning any reason for such delay. Learned counsel for the applicant further undertakes that the applicant shall cooperate in the trial. Learned Additional Government Advocate has opposed the prayer for bail Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Bhaskar Kumar Trivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) and submits that the victim has corroborated the prosecution version in her statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Considering the aforesaid aspects of the matter and upon perusal of the record, it is evident that the charge sheet has been filed, there is unexplained delay in lodging the FIR, the offences are punishable with imprisonment up to seven years, and the father of the victim refused to give consent for medical examination, so also undertaking given on behalf of the applicant that he shall cooperate in the trial, and in view of the judgment of the Hon'ble Supreme Court in Musheer Alam v. State of U.P. and Another, 2025 SCC OnLine SC 116, and without entering into the merits of the case, I find it 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 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. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. November 11, 2025 Madhu D.R/P.S NABAIL No. 1687 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench