Neutral Citation No. - 2025:AHC:39666 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2191 of 2025 Applicant :- Sumitra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned AGA submits that notice of the instant application has been served on the informant-opposite party no.2 and Child Welfare Committee-opposite party no.4 on 01.03.2025. However, no one appears on their behalf nor any counter affidavit has been filed. The receiving endorsements produced by learned AGA, are taken on record. 2. Heard learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 332 of 2024, under Section 342 IPC and Section 16/17 POCSO Act, Police Station Dibai, District Bulandshahr. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 10.06.2024. The first information report was lodged on 24.06.2024. The delay is fatal to the prosecution case. The allegation of indecent behaviour has been levelled against co- accused Aniket. The applicant in no manner abetted the commission of offence. There are contradictions in the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant is a lady having 11 months old infant and has apprehension of her arrest in the above mentioned case. In case, the applicant is released on anticipatory bail till conclusion of trial, she will not misuse the said liberty. 5. Learned brief holder for the State 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 and antecedents of the applicant and the fact that the first information report has been lodged belatedly, the allegation of indecent behaviour has been levelled against the co-accused Aniket, charge sheet has been submitted, the applicant had co-operated in the investigation, 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 Sumitra, 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 herself 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 her from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by her 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 :- 19.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad