Neutral Citation No. - 2025:AHC:131813 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6227 of 2025 Applicant :- Aman Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bratendra Singh,Kalyan Sundram Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Anupam Anand, learned brief holder for the State submits that the notice of the present application has been served upon the complainant/opposite party no.4 and opposite party no.3/Child Welfare Committee on 23.7.2025. The receiving endorsements produced by 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. 2. Heard counsel for the applicant, learned brief holder for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Special Trial No. 43 of 2025, arising out of Complaint Case No.123 of 2024 (Nema Devi vs. Surjeet and another), under Section 354 I.P.C. & Section 7/8 of POCSO Act, Police Station- Barnahal, District- Mainpuri, during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 26.5.2025. Application under Section 156(3) Cr.P.C. for registration of F.I.R. was submitted before the Special Judge, POCSO Act, Mainpuri on 30.5.2024, which was registered as Case No.123 of 2024 (Nema Devi vs. Surjeet and others). On the said application, the court concerned called for a police report. On 03.06.2024, Sub Inspector of police station Barnahal, Mainpuri submitted a report that earlier the father of the applicant lodged a first information report against the son of the complainant, which was registered as Case Crime No.24 of 2023 at police station Barnahal, Mainpuri under Sections 363, 366, 120-B I.P.C. In the said case after investigation, summons were issued under Sections 363, 366, 376D I.P.C. and Section 5(G)/6 of POCSO Act. The application under Section 156(3) Cr.P.C. has been filed only to create pressure on the applicant. The allegations levelled against the applicant cannot be substantiated. It is next contended that the aforesaid application was treated as a complaint case and the applicant has been summoned. No medical report has been submitted along with the complaint. The instant prosecution has been instituted only for the purposes of harassment. The victim in her statement before the Magistrate under Section 202 Cr.P.C. had stated that criminal case exists between co-accused Surjeet Kumar and the complainant. At this stage there is no credible evidence to link the applicant with the offence. No custodial interrogation is required. Identically placed co-accused Surjeet Kumar has been granted anticipatory bail by this Court vide order dated 9.7.2025 passed in Criminal Misc. Anticipatory Bail Application No.5197 of 2025. The applicant claims parity. 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. 5. Learned brief holder 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 by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that as per the report of the Sub Inspector, police station Barnahal, District Mainpuri, the allegations cannot be substantiated; further the father of the applicant earlier lodged a first information report against the son of the complainant; the victim in her statement before the Magistrate under Section 202 Cr.P.C. has also stated that criminal case exists between co- accused Surjeet Kumar and the complainant; no medical report has been submitted along with the complaint; at this stage there is no substantive evidence to link the applicant with the offence; identically placed co-accused Surjeet Kumar has been granted anticipatory bail by this Court; the applicant has been summoned by the concerned court; 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 Aman Kumar, 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 :- 5.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad