Neutral Citation No. - 2025:AHC:34304 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1943 of 2025 Applicant :- Saroj Kumar Alias Deepu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Mohan Pandey,Raj Kishor Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned A.G.A. submits that notice of the instant application has been served upon the informant/opposite party no. 2 and opposite party no. 3/Child Welfare Committee, Banda on 21.02.2025. The receiving endorsements produced by the learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Heard Sri Ashish Kumar Pandey, Advocate, holding brief of Sri Anand Mohan Pandey, counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Session in Case Crime No. 38 of 2024, under sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Chilla, District- Banda. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 161 Cr.P.C. stated that she is aged 19 years. Her parents used to beat her. She on her own went to Banda Station where she met the applicant, and along with the applicant she went to Gujarat and had married him. In her statement under Section 164 Cr.P.C., the victim stated that she is aged 17 years and repeated the same version as stated under Section 161 Cr.P.C. It is next contended that the victim is a major girl. She refused to get herself medically examined. No ossification test was got conducted by the Police authorities. As per the school certificate the victim is aged 17 years and 3 months. The said material inconsistencies in the age related evidence relied on by the prosecution, discredits the prosecution case. It is next contended that investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the victim in her statement under Sections 161 Cr.P.C. and 164 Cr.P.C. stated that she on her own went to Banda Station where she met the applicant, and along with the applicant she went to Gujarat and had married him. The victim refused to get herself medically examined. No ossification test was got conducted by the Police authorities. There are material inconsistencies in the age related evidence. At this stage, there is no substantive evidence against the applicant. Charge-sheet has been filed. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Saroj Kumar Alias Deepu, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 make himself available on each date fixed in the matter 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 10.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad