Neutral Citation No. - 2025:AHC:46674 Court No. - 79 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2304 of 2025 Applicant :- Kamlesh Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjai Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Sri Sarvesh Kumar Pandey, learned counsel for the opposite party appeared and filed Vakalatnama today in Court which is taken on record. Heard learned counsel for the applicant, learned counsel for the opposite party as well as learned AGA for the State and perused the material placed on record. This anticipatory bail application (under section 482 BNSS) has been moved seeking anticipatory bail in Case Crime No.261 of 2021, under sections 363, 366, 376 I.P.C. & 3/4 POCSO Act, Police Station Vishunpura, District Kushinagar, during the pendency of trial. Facts in brief are that the daughter of the informant was enticed away by the applicant and other two named co-accused persons alongwith one unknown person. It is submitted by learned counsel for the applicant that the applicant is innocent and has committed no offence. He did not entice away the daughter of the informant with other co-accused persons. As per the statement of the victim recorded u/s 164 Cr.P.C. she left her house with her will on account of fear of her parents and no one enticed her away. She also disclosed that she went out of the home without any pressure. In this way, in her statement recorded before the learned Magistrate nothing has been said against this applicant. Further submitted that co-accused Sukhraj and Omprakhash Kushwaha have already been enlarged on bail anticipatory by this Court in Criminal Misc. Anticipatory Bail Application No.514 of 2022 vide order dated 19.04.2022. It is also submitted that during the course of investigation he fully co- operated in the investigation and did not misuse the liberty of bail. Lastly, it is submitted that the I.O. has filed charge sheet in this case ignoring the statement of the victim as recorded under Section 164 Cr.P.C. before the learned Magistrate and the learned court has taken cognizance of the offences and issued N.B.W. against him, therefore, there is apprehension of arrest by the police to the applicant so, request for anticipatory bail during the pendency of trial. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer for bail but could not dispute the fact disclosed by the victim in her statement under Section 164 Cr.P.C. as recorded by the learned Magistrate that she was not enticed away or taken away by anyone but she went voluntarily on account of beating and threatening on the part of mother and brother. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. and the statement of the victim made u/s 164 Cr.P.C., there appears ground to grant anticipatory bail in favour of the applicant during the pendency of trial. The applicant- Kamlesh Kushwaha, shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the learned court everyday when case is fixed except exempted; (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 office; (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 S.S.P./S.P. concerned. In default of any of the conditions, this order will automatically stand vacated. Order Date :- 3.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad