Neutral Citation No. - 2025:AHC:14140 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 180 of 2025 Applicant :- Shubham Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Kumar Shukla,Vishnu Murti Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned A.G.A. submits that notice of the instant application has been served upon the informant/opposite party no. 2 on 07.01.2025 and opposite party no. 3/Child Welfare Committee, Kaushambi on 19.12.2024. The receiving endorsements produced by the 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 applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material on record. 3. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 384 of 2024, under Sections 137(2), 87, 64 B.N.S. and Sections 3/4 of the Prevention of Child from Sexual Offences Act, Police Station - Sarai Akil, District- Kaushambi during the pendency of trial. 4. Counsel for the applicant contends that the applicant 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 in lodging the F.I.R. 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. had stated that she had gone voluntarily with the applicant and stayed with him for almost twenty days. No forceful sexual assault has been alleged by the victim. The applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his 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. Learned counsel for the applicant states that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and antecedents of the applicant, and the fact that the F.I.R. was lodged belatedly. The victim in her statement under Section 183 B.N.S.S. had stated that she had gone voluntarily with the applicant At this stage, there is no substantive evidence to establish that the victim was minor at the time of alleged incident, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant Shubham be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193 (3) B.N.S.S., on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (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 India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a certified copy of this order, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 31.1.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad