Neutral Citation No. - 2025:AHC:88866 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3234 of 2025 Applicant :- Raj Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mridul Chandra Tiwari,Vatsala Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Second Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, 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. 426 of 2023, under Sections 452, 147, 323, 504, 506 I.P.C., Police Station Majhola, District Moradabad. 4. Learned counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the instant case. In the alleged incident the informant has not received any injury. No medical report is available on the case diary. Specific allegation of acting indecently with the victim has been assigned to co-accused Suraj and Saurabh. The name of the applicants was subsequently disclosed in the statement of the victim under Section 164 Cr.P.C. There are inconsistencies in the statements of the victim under Sections 161 and 164 Cr.P.C. The said inconsistencies discredit the prosecution case. It is next contended that co-accused Nisha, Madhu, Saurabh and Suraj have been granted anticipatory bail till the submission of police report by this Court vide order dated 10.03.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 12259 of 2024, Nisha and others v. State of U.P. and another. The applicants have no criminal antecedents. The investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants have apprehension of their 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 applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the facts that the applicants were not named in the first information report; in the alleged incident the informant has not received any injury; specific allegation of acting indecently with the victim has been assigned to co-accused Suraj and Saurabh; the name of the applicants was subsequently disclosed in the statement of the victim under Section 164 Cr.P.C; there are inconsistencies in the statements of the victim under Sections 161 and 164 Cr.P.C.; co-accused Nisha, Madhu, Saurabh and Suraj have been granted anticipatory bail till the submission of police report; the investigation has been completed; the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants- Raj Kumar and Deepu @ Deepu Diwakar, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them 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 :- 22.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad