Neutral Citation No. - 2025:AHC:44234 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2467 of 2025 Applicant :- Raju Sonkar Alias Shatrughan Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishabh Raj Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Gajendra Singh Chauhan, Advocate has filed his vakalatnama on behalf of opposite party no. 2. The same is taken on record. 2. Heard counsel for the applicant, counsel for the informant, Sri Anupam Anand, learned brief holder for the State- opposite party and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 238 of 2021, under Section 372 I.P.C., Police Station- Puramufti, District- Prayagraj. 4. 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. In the statement of the victim under Section 161 Cr.P.C., also the applicant was not named. Subsequently, in the first and the second statement of the victim under Section 164 Cr.P.C., the name of the applicant was introduced. In the said statements, the victim had stated that she had gone voluntarily with the co-accused, Manoj as her mother wanted to get her married to another person. As per the ossification test report, the victim was found to be aged seventeen years. It is contended that the range of error in determining the age is about two years and the same should be read in favour of the applicant at this stage. At this stage, there is no credible evidence against the applicant. 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 brief holder and counsel for the informant have 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 counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that the applicant was not named in the first information report. There is no allegation against the applicant in the statement of the victim under Section 161 Cr.P.C. The victim in her statements under Section 164 Cr.P.C. stated that she had gone voluntarily with the co-accused, Manoj. As per the ossification test report, the victim was found to be aged seventeen years. 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. 7. In the event of arrest, the applicant Raju Sonkar Alias Shatrughan Verma, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. 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 :- 1.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad