Neutral Citation No. - 2025:AHC:74479 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3616 of 2025 Applicant :- Mohd. Shamsuddin Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Adil Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Mr. Adil Jamal and Mr. Shabeeh Jamal, Advocates have filed vakalatnama on behalf of informant. The same is taken on record. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State, counsels for the informant and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 312 of 2024, under Sections 333, 115(2), 74, 352, 351(2), 76, 309(6) of B.N.S., Police Station- Pakbara, District- Moradabad. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, four persons including the applicant are alleged to have assaulted the informant and his wife. Specific allegation of indecent behaviour has been levelled against co- accused, Shah Alam and Shanu. In the alleged incident, no person has received any injury. No medical report is available in the case diary. Further, there are inconsistencies in the statement of the victim under Section 180 B.N.S.S. and 183 B.N.S.S. An exaggerated version has been narrated in the statement of the victim under Section 183 B.N.S.S. to aggravate the offence and save the failing prosecution case. The inconsistencies in both the statements of the victim discredit the prosecution case. The case of the applicant is clearly distinguishable from that of the co-accused, Shah Alam and Shanu. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. and counsels for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits 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, antecedents of the applicant and the fact that specific allegation of indecent behaviour has been levelled against co-accused, Shah Alam and Shanu, the fact that in the alleged incident, no person has received any injury, the fact that there are inconsistencies in the statement of the victim under Section 180 B.N.S.S. and 183 B.N.S.S., at this stage, there is no substantive evidence against the applicant, 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- Mohd. Shamsuddin 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 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 Police Commissioner 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 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 :- 8.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad