Neutral Citation No. - 2025:AHC:124797 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5738 of 2025 Applicant :- Mukesh Rastogi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhay Mishra Counsel for Opposite Party :- A.G.A. Hon'ble Vivek Varma,J. 1. Copy of C.D. Parcha No. 2 dated 01.06.2024 produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State is taken on record. 2. Learned A.G.A. for the State submits that notice of the instant application has been served upon the informant and Child Welfare Committee, Moradabad on 18.07.2025. The receiving endorsements produced by the 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. 3. Heard counsel for the applicant, learned A.G.A. for the State and perused the material on record. 4. This application has been filed seeking anticipatory bail in Case Crime No. 485 of 2024, under section 354A of I.P.C. and Section 9/10 of POCSO Act, Police Station- Civil Lines, District- Moradabad. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the present case on account of certain other dispute between the parties. The applicant did not act inappropriately with the victim. As per C.D. Parcha No. 2 dated 01.06.2024, the alleged voice recording provided to the Investigating Officer by the victim is not clear. At this stage, there is no credible evidence to link the applicant with the offence. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. 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, he will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that as per C.D. Parcha No. 2 dated 01.06.2024, the alleged voice recording provided to the Investigating Officer by the victim is not clear, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, 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. 8. In the event of arrest, the applicant Mukesh Rastogi, 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. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 29.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad