HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1124 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.339 of 2025 under sections 354(Kha), 323, 506 I.P.C., 7/8 POCSO Act, P.S. Antu, district Pratapgarh. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State.As per instruction of learned A.G.A., notice to respondent No.2 is served. 3.It is alleged in the prosecution case that on 7.9.2023 at about 12.00 night, there was a programme in the family of the informant. The informant and her daughter were also there in the programme where the accused persons snatched the scarf of the victim and started molesting her. On being interrupted, by the informant and others, they went from the spot. Thereafter, the accused persons went to her home and started beating the informant and after catching hold of her daughter, they tried to take her to the orchard. On the alarm being raised, the accused persons Vikas Verma and Vishal Verma ran away extending threat. 4.Learned counsel for the applicant submits that the statement of the victim under sections 161 and 164 CrPC are at variance. The victim has Versus Counsel for Applicant(s) : Dinesh Kumar Ojha Counsel for Opposite Party(s) : G.A. Vikash Verma @ Vikash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) refused to undergo medical examination, although there is allegation that she was beaten by the accused. Age of the victim as per ossification test is 16-17 years. It is a case of false implication. After lodging the first information report against the accused, another first information report has been lodged by the same informant in regard to the same incident. The first information report has been filed along with the supplementary affidavit filed today which is taken on record. The applicant has no other criminal history. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the record, varied statements of the victim under sections 161 and 164 CrPC, refusal of the victim to undergo medical examination, prima facie statements of the victim do not inspire confidence and there is lack of corroborative medical evidence, the applicant has no other criminal history, charge sheet has been filed, there appears to be no reason to send the applicant in custody, 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 ABAIL No. 1124 of 2025 2 accordance with law. 9. The application is allowed accordingly. October 13, 2025 kkb/ ABAIL No. 1124 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench