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Neutral Citation No. - 2025:AHC:108117 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5133 of 2025 Applicant :- Ankur Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Neeraj Singh Yadav,Rajesh Kumar Yadav Counsel for Opposite Party :- Ajeet Shukla,G.A.,Lakshmi Devi Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, and Sri Ajeet Shukla,
learned counsel for the informant, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 135 of 2024, under Sections 115(2), 74, 76, 78, 351(2) B.N.S. and 7/8 POCSO Act, Police Station Singramau, District Jaunpur. 3. 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 04.12.2024. The first information report was lodged on 06.12.2024. The delay is fatal to the prosecution case. The incident is alleged to have occurred at a public place. There is no independent witness to the alleged incident. The victim is a major. As per the High School certificate, her age is 17 years 2 months on the date of alleged incident. It is contended that false date of birth was got recorded in the school register by the parents of the victim to give her an advantage in life. The applicant and the victim were intimate. The telephone call records and the photograph of the applicant with the victim have been annexed as Annexure- 6 to the affidavit. The applicant did not act inappropriately with the victim. There is no CCTV footage of the alleged incident. At this stage there is credible evidence to link the applicant with the offence. The 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. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the first information report was lodged belatedly; there is no independent witness to the alleged incident; there is no CCTV footage of the alleged incident and at this stage there is no substantive evidence to link the applicant with the offence; charge-sheet has been submitted; and the 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. 6.
6. In the event of arrest, the applicant- Ankur Mishra, 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.
7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 8.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad