Neutral Citation No. - 2025:AHC:83181 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3594 of 2025 Applicant :- Ramprakash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arshi Abdy,Ramesh Chandra Kushwaha,Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned AGA submits that notice of the instant application has been served upon the informant-opposite party no.4 and Child Welfare Committee-opposite party no.3 on 2.5.2025 and 3.5.2025 respectively. 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. Heard learned counsel for the applicant, Sri Raj Shekhar Srivastava, learned AGA for the State and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 338 of 2024, under section 323, 452, 354Kha IPC and Section 7/8 POCSO Act, Police Station Debai, District Bulandshahr. 4. Counsel for the applicant contends that the the applicant has been falsely implicated in the present case. The incident was alleged to have occurred on 25.06.2024. The first information report was lodged on 26.06.2024. The delay is fatal to the prosecution case. The applicant did not act indecently with the victim. As per the statement of doctor, no external injury was found on her body, victim had refused for her internal examination. It is next contended that on the alleged date of incident the victim was major. No ossification test was conducted by the police authorities. At this stage there is no credible evidence to link the applicant with the offence. Further, the victim and the informant had filed affidavits before the trial court that no such incident had occurred. It is next contended that 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 released on anticipatory bail till conclusion of trial, he 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 applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the FIR was lodged belatedly at this stage, there is no substantive evidence against the applicant, 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. 7. In the event of arrest, the applicant Ram Prakash, 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. 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 :- 19.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad