Neutral Citation No. - 2025:AHC:53193 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2479 of 2025 Applicant :- Anita Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vishnu Murti Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned A.G.A. on the basis of instructions submits that notice of the instant application has been served upon the opposite party no. 2- informant as well as upon the opposite party no. 4- Child Welfare Committee, Kaushambi on 23.03.2025 and 25.03.2025 respectively. The receiving endorsements as produced by the learned A.G.A. are taken on record. However, no one appears on behalf of the opposite party nos. 2 and 4 nor any counter affidavit has been filed on their behalf. 2. Heard learned counsel for the applicant and Sri Shashank Shekhar Pandey, learned AGA for the State- opposite party, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 384 of 2024, under Sections 137(2), 61(2), 142 B.N.S. and 16/17 Protection of Children from Sexual Offences Act, Police Station Sarai Akil, District Kaushambi. 4. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The incident is alleged to have occurred on 11.10.2024. The first information report was lodged on 28.10.2024. The delay is fatal to the prosecution case. The victim is a major girl. No ossification test of the victim was conducted by the police authorities. The victim in her statement under Section 183 B.N.S.S. stated that she had voluntarily gone with the co-accused Shubham and stayed with him for almost 20 days. It is contended that the applicant has no concern with the alleged incident. At this stage there is no credible evidence to link the applicant with the offence. 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 court concerned. The applicant has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. 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, in particular, the fact that the applicant was not named in the first information report; the first information report was lodged belatedly; no ossification test of the victim was conducted by the police authorities; the victim in her statement under Section 183 B.N.S.S. stated that she had voluntarily gone with the co-accused Shubham and stayed with him for almost 20 days; at this stage there is no substantive evidence to link the applicant with the offence; the investigation has been completed; the applicant is a lady and had cooperated 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- Anita Devi, 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 and every 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 she has passport, the same shall be deposited by her before the concerned court. 8. Further, 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 :- 10.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad