Neutral Citation No. - 2025:AHC:134471 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6383 of 2025 Applicant :- Monis Raza Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Ms. Shaily Ganguly, Advocate, has filed her Vakalatnama on behalf of the complainant- opposite party no. 4. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and Ms. Shaily Ganguly, learned counsel for the complainant, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Complaint Case No. 55 of 2023, under Sections 354Kha, 504, 506 I.P.C.and 7/8 POCSO Act, Police Station Kemari, District Rampur. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the complaint, the applicant and his brother Mohsin acted indecently with the victim and along with co-accused they assaulted the complainant. It is contended that earlier on 19.08.2022 the victim lodged a first information report against the co-accused Mohsin (brother of the applicant) claiming herself to be aged 19 years, registered as Case Crime No. 143 of 2022, under Section 376 I.P.C., Police Station Kemari, District Rampur. In the said case the brother of applicant was convicted under Section 376 I.P.C. In such circumstances, it is contended that the victim is a major girl. Prior dispute exists between the parties. The present prosecution has been instituted only for the purposes of harassment. In the alleged incident no person received any injury. No medical report has been annexed along with the complaint. At this stage there is no credible evidence to link the applicant with the victim. 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. 5. Learned A.G.A. and learned counsel for the complainant 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 and, in particular, the fact that in the alleged incident no person received any injury, no medical report has been annexed along with the complaint; prior dispute exists between the parties; as per the earlier first information report registered as Case Crime No. 143 of 2022, the victim claimed herself to be aged 19 years; and, at this stage there is no substantive evidence to link the applicant with the victim, 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- Monis Raza, involved in the aforesaid case, 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. 8. Further, 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 :- 8.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad