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Neutral Citation No. - 2025:AHC:75752 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3237 of 2025 Applicant :- Anas And 2 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ramesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Learned A.G.A. submits that the notice of the present application has been served upon the opposite party no.3/informant on 25.4.2025 and opposite party no.5/Child Welfare Committee on
25.4.2025. The receiving endorsements produced by learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.426 of 2021, under Sections 452, 354, 506 I.P.C. and Section 8 of Protection of Children from Sexual Offences Act, Police Station- Gulawathi, District- Bulandshahar, during the trial. 4. Counsel for the applicant contends that the applicants have been falsely implicated in the instant case. The applicants did not act inappropriately with the victim. There are inconsistencies in the statements of the victim under Section 161 Cr.P.C. and 164 Cr.P.C. with regard to the exact role of the applicants. The said inconsistencies discredit the prosecution case. A prior enmity exists between the father of applicant no.1 and the informant. Applicant no.2 and 3 are close relatives of applicant no.1. After investigation, final report in favour of applicants was submitted. Thereafter, the informant filed protest petition. The police report was rejected and the applicants have been summoned. No custodial interrogation is required. The applicants have no criminal history. The applicants have apprehension of their arrest in the
above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. has 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 applicants, considering the nature of accusations, antecedents of the applicants, and the fact that there are inconsistencies in the statements of the victim under Section 161 Cr.P.C. and 164 Cr.P.C. with regard to the exact role of the applicants, at this stage there is no substantive evidence against the applicants, the applicants have been summoned by the concerned court, 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 Anas, Jeeshan and Tariq @ Tarif, involved in 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 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 passports, the same shall be deposited by them 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 :- 9.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad