Neutral Citation No. - 2025:AHC:119348 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5319 of 2025 Applicant :- X (Minor) Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kuber Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned AGA submits that notice of the present application has been served upon the informant-opposite party no.2 and Child Welfare Committee-opposite party no.3 on 11.06.2025. 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 and Sri V.P.Tripathi, 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. 93 of 2025, under Sections 74, 352, 351(3) BNS and Section 7/8 POCSO Act, Police Station Nizamabad, District Azamgarh. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. By placing reliance upon the school certificate of the applicant, it is contended that on the date of alleged incident, the applicant was minor. It is next contended that the applicant did not act inappropriately with the victim. There are inconsistencies in the statement of the victim under Sections 180 BNSS and 183 BNSS. The victim in her statement under Section 183 BNSS has narrated a different version to aggravate the offence and save the failing prosecution case. At this stage there is no credible evidence to link the applicant with the offence. 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 granted 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, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the applicant was minor on the date of alleged incident; there are inconsistencies in the statement of the victim under Sections 180 BNSS and 183 BNSS; at this stage, there is no substantive evidence to link the applicant with the offence; 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 X (Minor), 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 :- 22.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad