Neutral Citation No. - 2025:AHC:140670 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6579 of 2025 Applicant :- Mizan Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- K.S. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and Ms. Pratibha Jaiswal, counsel for the informant. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Sessions Case No. 391 of 2025 (State vs. Mizan Khan and another) arising out of Case Crime No.104 of 2025, under section 74, 351(3) B.N.S. and Section 7/8 POCSO Act, 2012, P.S. Duddhi, District Sonbhadra. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The necessary ingredients to constitute the alleged offences are not made out. Neither the first information report nor the statement of the victim under Sections 180 B.N.S.S. and 183 B.N.S.S. contain any accusation that the applicant intended to outrage the modesty of the victim or committed criminal intimidation by threatening to cause death or grievous hurt. It is further submitted that there is also no allegation of sexual assault against the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. 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. 4. 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. 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that the essential ingredients to constitute the alleged offences are not made out against the applicant, at this stage, there is no substantive evidence to link the applicant with the offence, the fact that 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. 6. In the event of arrest, the applicant Mizan Khan, 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 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 his before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 18.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad