HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6911 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.131 of 2025, under Sections 87, 137(2), 351(2) of B.N.S., Police Station- Phoolpur, District- Prayagraj. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 17.3.2025. The first information report was lodged on 06.04.2025. The delay is fatal to the prosecution case. As per the ossification test report dated 16.05.2025 the victim was found to be aged between 18 to 20 years. According to the statement of the victim under Section 180 and 183 B.N.S.S., the victim was taken by the applicant and co-accused Vinod by train to Delhi. It is contended that it is highly improbable that the victim was taken by a public transport from Prayagraj to Delhi and she did not raise any protest or alarm. The victim was present at public places. Her conduct shows that she was a consenting party. The allegation of sexual assault has been levelled against co-accused Vinod. There is no allegation of any indecent behaviour against the applicant. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Prem Chandra, Rajesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Pushpendra .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that the first information report was lodged belatedly; as per the ossification test report dated 16.05.2025 the victim was found to be aged between 18 to 20 years; the allegation of sexual assault has been levelled against co-accused Vinod; there is no allegation of any indecent behaviour against the applicant; at this stage there is no substantive evidence to link the applicant with the offence; 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 Pushpendra, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) NABAIL No. 6911 of 2025 2 recording of statement under Section 351 of B.N.S.S. 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. September 11, 2025 Manish Kr NABAIL No. 6911 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad