Neutral Citation No. - 2025:AHC:118647 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5731 of 2025 Applicant :- Abhishek Nishad Alias Golu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Kumar,Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Vijay Kumar Singh, Advocate has filed his vakalatnama on behalf of the informant/opposite party no. 2. The same is taken on record. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, Sri Anil Bhushan Singh, Advocate assisted by Sri Vijay Kumar Singh, counsel for the opposite party no. 2 and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 79 of 2025, under Sections 78, 61(2)(Ka), 126(2), 308(5), 352, 351(3) of B.N.S., Sections 11/12 of POCSO Act and Section 67 of Information Technology Act, Police Station Kydganj, District Prayagraj. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. By placing reliance on the screenshots of the WhatsApp status allegedly posted by the co-accused Sahil, it is contended that the co-accused, Sahil and the victim were in relationship. According to the first information report, the alleged letter was written on 04.01.2020 whereas the first information report was lodged after more than five years. In her statements under Sections 180 B.N.S.S. and 183 B.N.S.S., the victim specifically stated that the co-accused Sahil showed her indecent photograph and threatened to circulate it publicly. He also threatened the victim of killing her family members and throwing acid on her face. It is next contended that the case of the applicant is clearly distinguishable from that of the co-accused Sahil. The applicant being friend of Sahil has been implicated only for the purposes of harassment. No indecent photograph of the victim has been recovered by the Investigating Officer. There is no report of the cyber cell that any indecent photograph of the victim was made viral by the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the alleged letter was written on 04.01.2020 whereas the first information report was lodged after more than five years, in her statement under Sections 180 B.N.S.S. and 183 B.N.S.S., the victim specifically stated that the co-accused Sahil showed her indecent photograph and threatened to circulate it publicly, he also threatened the victim of killing her family members and throwing acid on her face, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Abhishek Nishad Alias Golu be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 21.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad