HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7157 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Sri V.P. Tripathi, learned A.G.A. submits that the notice of the present application has been served upon the opposite party no.2/informant on 28.8.2025 and opposite party no.4/Child Welfare Committee on 29.8.2025. 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 AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in S.T. No.774 of 2022, Case Crime No. 274 of 2022, under Sections -376(3), 120B I.P.C. and Section 3/4 POCSO Act, Police Station -Ramkola, District- Kushinagar, during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the ossification test report of the victim, the victim was found aged 18 years. Further, the victim and the co- accused Aditya Singh @ Monu Singh were in consensual relationship. In this regard, whatsapp messages and photographs of the co-accused and the victim have been annexed as Annexure-11 to the affidavit. It is next contended that the indecent video of the victim was forwarded by the co- accused Aditya Singh @ Monu Singh on the mobile phone of the victim's mother. The applicant has no concern with the alleged incident. Further, the co-accused Aditya Singh @ Monu Singh has been granted regular bail by Versus Counsel for Applicant(s) : Gaurav Kumar Singh Counsel for Opposite Party(s) : G.A. Polan Singh @ Kavita Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) this Court vide order dated 06.07.2023 passed in Criminal Misc. Bail Application No.20096 of 2023. It is next contended that the essential ingredients to constitute the alleged offences are not made out against the applicant. Investigation has been completed. During the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 14.8.2024 passed in Criminal Misc. Anticipatory Bail Application No.6872 of 2024. The applicant had co- operated in the investigation. Charge-sheet has been filed. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant is a lady and has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A. 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, considering the nature of accusations, antecedents of the applicant, and the fact that as per the ossification test report of the victim, she was found aged 18 years; as per the case diary the indecent video of the victim was forwarded by the co-accused Aditya Singh @ Monu Singh on the mobile phone of the victim's mother; the co-accused Aditya Singh @ Monu Singh has been granted regular bail by this Court; during the course of investigation, the applicant was granted anticipatory bail till submission of police report; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; 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 for anticipatory bail. 7. In the event of arrest, the applicant Polan Singh @ Kavita Singh, 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 herself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat NABAIL No. 7157 of 2025 2 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 she has passport the same shall be deposited by her 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. September 11, 2025 Manish Kr NABAIL No. 7157 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad