HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8122 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Rahul Saxena, learned counsel for the applicant and Sri Ahish Kumar Tripathi, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 264 of 2024, under Sections 354, 323 IPC and Section 7/8 of POCSO Act, Police Station Pooranpur, District Pilibhit with the prayer that in the event of arrest, applicant may be released on bail. 3. At the very outset, learned AGA submits that notice has been served on the first informant. 4. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant. It is further submitted that present prosecution is a counterblast to the earlier three cases filed by the father of the applicant against the husband of the first informant. It is also submitted that information of the alleged offence has been sent to the Superintendent of Police after about a month and the application under Section 156(3) was filed after a week of the submission of the information to the Superintendent of Police. It is further submitted that there are material contradictions in the statement of the victim recorded under Sections 161 and 164 CrPC. It is also submitted that the applicant is having criminal Versus Counsel for Applicant(s) : Rahul Saxena Counsel for Opposite Party(s) : G.A. Deepak Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) history of one case in which final report has been submitted and there is also one non-cognizable report (NCR) against the applicant lodged in the concerned police station. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that allegations against the applicant are serious in nature. 6. I have considered the rival submissions made by learned counsel for the parties. 7. Present prosecution is said to be a counterblast to the earlier case lodged by the father of the applicant against the husband of the first informant. The age of the victim as per FIR is 17 years and the first information report has been lodged after a delay of one month. Chargesheet in the present case has been already submitted. 8. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 9. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant- Deepak Kumar involved in the NABAIL No. 8122 of 2025 2 aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 12. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 14, 2025 Abhishek NABAIL No. 8122 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad