Neutral Citation No. - 2025:AHC:30998 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1814 of 2025 Applicant :- Ashish Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Maurya,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Pawan Kumar Mishra, Advocate has filed his vakalatnama on behalf of the informant. The same is taken on record. 2. Copy of the statement of the victim under Section 183 B.N.S.S. and ossification test report produced by learned A.G.A. for the State is taken on record. 3. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 4. The present Anticipatory Bail Application has been filed under Section 482 B.N.S.S. with the prayer to grant anticipatory bail to the applicant in Case Crime No. 390 of 2024, under Sections 137(2), 64 of B.N.S. and Section 3/4 of POCSO Act, Police Station- Bhatni, District-Deoria, during the pendency of trial. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 183 B.N.S.S. has stated that she was taken forcibly by the applicant to Deoria, from Deoria to Gorakhpur, thereafter, Lucknow, from Lucknow to Nasik and from Nasik to Kolhapur. At Kolhapur, she stayed with the applicant for a week. It is contended that it is highly improbable that the applicant, would kidnap the victim, in broad day light, from a public place. The victim was present at public places. She did not raise an alarm nor did she resist the applicant. The conduct of the victim shows that she was a consenting party. As per the ossification test report, the victim was aged more than 18 years. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and 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. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that as per the ossification test report, the victim was aged more than 18 years. The victim was present at public places. She did not raise an alarm nor did she resist the applicant. The conduct of the victim shows that she was a consenting party. At this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Ashish Yadav be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 Police Commissioner concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 5.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad