HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1618 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Divyesh Singh, holding brief of Sri Anil Kumar Singh, learned counsel for the applicant and Sri Ashish 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. 197 of 2019, under Sections 324, 354, 504, 506 IPC and 7/8 POCSO Act and 3(1) Da SC/ST Act, Police Station Khetasarai, District Jaunpur 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 on the first informant has already been served. 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 and he has been falsely implicated in this case due to some civil dispute. It is further submitted that the victim made improvement in her statement recorded under Section 164 CrPC from the statement made under Section 161 CrPC. It is further submitted that statements of the victim and her mother are contradictory to each other. 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 Versus Counsel for Applicant(s) : Anil Kumar Singh Counsel for Opposite Party(s) : G.A. Praveen Kumar Singh Alias Sonu Singh .....Applicant(s) State Of Up And 4 Others .....Opposite Party(s) 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. 6. I have considered the rival submissions made by learned counsel for the parties. 7. As per first information report, allegation is that the applicant indulged in outraging the modesty of the victim while she was returning after easing out. The victim has stated in her statement recorded under Section 161 CrPC that the applicant indulged in outraging her modesty and he also made a bite by teeth on her finger. Subsequently the victim has stated in her statement recorded under Section 164 CrPC that the applicant caught hold of her hand when her mother came there and he also assaulted her and made her fall on the ground. The victim has admitted in her statement that there is a civil dispute between the applicant and her family. The mother of the victim in her statement recorded under Section 161 CrPC has stated that the applicant indulged in outraging the modesty of her daughter and he made a bite by teeth in her finger. 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. 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 as well as keeping in view the statements of the victim recorded under Sections 161 and 164 CrPC and her mother recorded under Section 161 CrPC, a case for anticipatory bail is made out. NABAIL No. 1618 of 2025 2 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant- Praveen Kumar Singh Alias Sonu Singh involved in the 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 8, 2025 Abhishek NABAIL No. 1618 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad