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Neutral Citation No. - 2025:AHC:71478 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3020 of 2025 Applicant :- Prem Shankar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Learned AGA on the basis of instructions submits that notice of this application has been served upon the informant/opposite party no.3 on 7.4.2025 and upon Child Welfare Committee/opposite party no.4 on 8.4.2025. The receiving endorsement, produced by the learned AGA, are taken on record. However, no one appears on behalf of the opposite party nos.3 & 4 nor any counter affidavit has been filed on their behalf. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 3. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.0098 of 2024, under section 137(2) B.N.S. and Section 16 and 17 POCSO Act, 2012, P.S. Bhot, District Rampur. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Specific allegation of indecent behaviour with the victim has been assigned to co- accused Gaurav. There are inconsistencies in the statement of the victim under Section 180 B.N.S.S. and 183 B.N.S.S. The said inconsistencies discredit the prosecution case. The applicant was not involved in the abetment of the offence. The investigation has been completed. The applicant had cooperated 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 has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 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 the fact that specific allegation of indecent behaviour with the victim has been assigned to co- accused Gaurav; there are inconsistencies in the statement of the victim under Section 180 B.N.S.S. and 183 B.N.S.S; the fact that the applicant had cooperated in the investigation and 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 Prem Shankar, 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 himself 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 he has passport, the same shall be deposited by his 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 :- 5.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad