Neutral Citation No. - 2025:AHC:85818 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3693 of 2025 Applicant :- Sachin Giri @ Sunny Opposite Party :- State Of U.P Through Principal Secretary Home Gov. Of U.P. At Lucknow And 3 Others Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. At the outset, Sri Neeraj Kumar Sharma, learned A.G.A. submits that notice of the instant application has been served upon the informant and Child Welfare Committee, Firozabad on 06.05.2024. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. He further submits that after investigation, charge-sheet has been submitted against the applicant and the applicant has been summoned by the concerned court vide order dated 09.01.2025. 2. Heard counsel for the applicant, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 35 of 2024, under sections 354, 504, 506 I.P.C. and Sections 7/8 of Protection of Children from Sexual Offences Act, 2012, Police Station- Jawan, District- Aligarh. 4. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The incident was alleged to have occurred on 08.02.2024. The first information report was lodged on 09.02.2024 under Sections 504, 506, 354 I.P.C. During the course of investigation, Sections 7/8 of POCSO Act were added by the Investigating Officer. In the first information report, the age of the victim was disclosed as 19 years. Even in the statement of the informant, the victim was alleged to be aged 19 years. In the statement of the victim under Section 161 Cr.P.C., there are no allegations against the applicant. Subsequently, in the statement of the victim under Section 164 Cr.P.C., the applicant's name was disclosed. It is contended that the said statement is an afterthought. The inconsistencies in the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C. discredit the prosecution case. The victim had refused to get herself medically examined. The victim is in fact a major. Further, at this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para no. 17 of the affidavit. In the said case, the applicant has been enlarged on bail. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, 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 the fact that the applicant was not named in the first information report, the fact that in the first information report, the age of the victim was disclosed as 19 years, in the statement of the informant, the victim was alleged to be aged 19 years, there are inconsistencies in the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, applicant had cooperated in the investigation, 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 Sachin Giri @ Sunny, 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. 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 :- 21.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad