Neutral Citation No. - 2025:AHC:130789 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4572 of 2025 Applicant :- Rohit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned A.G.A. submits that the notice of the present application has been served upon the opposite party no.4/informant on 01.06.2025 and opposite party no.3/Child Welfare Committee on 02.06.2025. The receiving endorsements produced by learned A.G.A. are 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 learned counsel for the applicant and learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 616 of 2024, under Sections 74, 78, 115(2), 351(3), 352 BNS and Section 7/8 of POCSO Act, Police Station Shamli, District Shamli. 4. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. Even in the statement of the victim under Sections 180 and 183 BNSS, the applicant was not named. The name of the applicant was disclosed by named co-accused Yash Malik in police custody. The said statement insofar as it implicates the applicant is unreliable. At this stage there is no credible evidence against the applicant. The criminal history of the applicant has been explained in paragraph no. 3 of the second supplementary affidavit. 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 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 the fact that the applicant was not named in the first information report, the name of the applicant was disclosed by named co-accused Yash Malik in police custody, at this stage, there is 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 Rohit Kumar, 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 him 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 :- 4.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad