Neutral Citation No. - 2025:AHC:77710 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3398 of 2025 Applicant :- Natthu Lal Maurya And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Mohan Pandey,Ram Raj Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Neeraj Kumar Sharma, learned A.G.A. submits that notice of the instant application has been served upon the informant on 02.05.2025 and Child Welfare Committee, Bareilly on 04.05.2025. The receiving endorsement produced by the learned A.G.A. is 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, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 321 of 2024, under sections 137(2), 87, 61(2), 351(2) of B.N.S. and Sections 16/17 of Protection of Children from Sexual Offences Act, Police Station- Shahi, District- Bareilly. 4. Counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the present case. In the first report and in the statement of the victim under Section 180 B.N.S.S., there are no allegations against the applicants. For the first time, the name of the applicants were disclosed in the statement of the victim under Section 183 B.N.S.S. It is contended that the said statement is an afterthought and has been made to aggravate the offence and save the failing prosecution case. The applicants did not abet in the commission of the offence. After investigation, final report in favour of the applicants was submitted by the Investigating Officer. The applicants have been summoned by the concerned court vide order dated 10.01.2025. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have no criminal antecedents. 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 learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the applicants were not named in the first information report, the fact that in the first report and in the statement of the victim under Section 180 B.N.S.S., there are no allegations against the applicants, after investigation, final report in favour of the applicants was submitted by the Investigating Officer, at this stage, there is no substantive evidence against the applicants, 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 Natthu Lal Maurya, Jamuna Prasad Maurya and Upendra Maurya , 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 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. 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 :- 13.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad