Neutral Citation No. - 2025:AHC:106425 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3735 of 2025 Applicant :- Azad Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Shankar Mishra,Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned AGA submits that notice of the present application has been served upon the informant-opposite party no.4 and Child Welfare Committee-opposite party no.2. However, no one appears on their behalf nor any counter affidavit has been filed. Receiving endorsements produced by learned AGA, are taken on record. 2. Copy of the statement of the victim under Section 164 Cr.P.C. and ossification test report of the victim, produced by learned AGA, are also taken on record. 3. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned AGA for the State and perused the material on record. 4. This application under Section 482 BNSS has been filed seeking anticipatory bail in Special Session Trial No. 201 of 2022, arising out of Case Crime No. 60 of 2022, under Sections 323, 354, 504, 506 IPC and Section 7/8 POCSO Act, Police Station Rampur, District Jaunpur. 5. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant had married the co-accused Dilshan. As per the ossification test report, the victim was aged 17 years. The range of error in determining the age is about two years and the same should be read in favour of the applicant at this stage. The applicant had not acted indecently with the victim. During the course of investigation, the applicant was granted protection by this Court vide order dated 18.07.2022 passed in Criminal Misc. Writ Petition No. 9166 of 2022 (Dali Ahmad and another Vs. State of U.P. and 2 others). It is next contended that identically placed co-accused Dali Mohammad has been granted anticipatory bail by this Court vide order dated 19.11.2024 passed in Criminal Misc. Anticipatory Bail Application No. 7781 of 2024. The applicant claims parity. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated 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 till conclusion of trial, he will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, during the course of investigation, the applicant was granted protection by this Court; identically placed co-accused Dali Mohammad has been granted anticipatory bail by this Court; charge sheet has been submitted, the applicant had co-operated in the investigation, 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. 8. In the event of arrest, the applicant Azad Ahmad, 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 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 him before the concerned court. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 7.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad