Neutral Citation No. - 2025:AHC:118228 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4805 of 2025 Applicant :- Suhaib Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Ojha,Manju Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Anjit Kumar Verma, Advocate, has filed his Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and Sri Anjit Kumar Verma, learned counsel for the informant, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 138 of 2024, under Sections 354, 354(D), 504, 506 I.P.C., 7/8 POCSO Act and 3(2)5 SC/ST Act, Police Station Masoori, District Ghaziabad. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 28.04.2024 and the first information report was lodged on 10.05.2024. The delay is fatal to the prosecution case. The victim in her statement under Section 161 Cr.P.C. has stated that the incident had occurred 4 to 5 days back. It is next contended that there are inconsistencies in the statements of the victim under Sections 161 and 164 Cr.P.C. The applicant did not act inappropriately with the victim. The victim is a major girl. Co- accused Shadab and the victim were in relationship. The applicant being friend of co-accused Shadab has been implicated. The allegations of violation of SC/ST Act are general and made to lend colour to the story. At this stage there is no credible evidence to link the applicant with the offence. Co-accused Shadab has been granted interim anticipatory bail by this Court vide order dated 22.01.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 11269 of 2024, Juvenile X v. State of U.P. Investigation has been completed. Charge-sheet has been submitted. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the first information report was lodged belatedly; the victim in her statement under Section 161 Cr.P.C. has stated that the incident had occurred 4 to 5 days back; there are inconsistencies in the statements of the victim under Sections 161 and 164 Cr.P.C.; at this stage there is no substantive evidence to link the applicant with the offence; investigation has been completed; the applicant had cooperated in the investigation and 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- Suhaib, 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 and every 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. Further, 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 :- 21.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad