HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6517 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Sri Nagendra Kumar Mishra, learned Brief Holder for the State, on the basis of instructions, submits that notice of the present application has been served upon the informant- opposite party no. 4 and the Child Welfare Committee, Baghpat- opposite party no. 2 on 13.08.2025 and 18.08.2025 respectively. The receiving endorsements as produced by the learned Brief Holder are taken on record. However, no one appears on behalf of the opposite party nos. 2 and 4 nor any counter affidavit has been filed on their behalf. 2. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 749 of 2024, under Sections 74, 115(2) B.N.S. and 9M/10 POCSO Act, Police Station Baraut, District Baghpat. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 04.11.2024. The first information report was lodged on 06.11.2024. The delay is fatal to the prosecution case. In the statement of the victim under Section 180 B.N.S.S. there is no allegation of any indecent behaviour against the applicant. However, the victim in her statement under Section 183 B.N.S.S. has stated an entirely different version. It is contended that the said statement has been made only to aggravate the offence and to Versus Counsel for Applicant(s) : Haya Rizvi Counsel for Opposite Party(s) : G.A. Kasim .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) save the failing prosecution case. Further, the inconsistencies in the statements of the victim under Sections 180 and 183 B.N.S.S. discredit the prosecution case. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. 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 Brief Holder for the State 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 facts that in the statement of the victim under Section 180 B.N.S.S. there is no allegation of any indecent behaviour against the applicant; the victim in her statement under Section 183 B.N.S.S. has stated an entirely different version; at this stage there is no substantive evidence to link the applicant with the offence; investigation has been completed; 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. 7. In the event of arrest, the applicant- Kasim, 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 him before the concerned court. NABAIL No. 6517 of 2025 2 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. September 1, 2025 SKT/- NABAIL No. 6517 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad