HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7679 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Sri V.P. Tripathi, learned A.G.A. submits that notice of the instant application has been served upon the informant and Child Welfare Committee, Bulandshahr on 12.09.2025. The receiving endorsements produced by the 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. Supplementary affidavit filed by counsel for the applicant is taken on record. 3. Heard counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 4. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 232 of 2025 under Sections 140(4), 115(2), 352, 351(2) of B.N.S. and Sections 5(m)(f), 6 of POCSO Act, Police Station Shikarpur, District Bulandshahr. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case owning to certain other disputes between the parties. As per the first information report, the co-accused, Suaib is alleged to have acted indecently with the son of the informant on 20.06.2025. The F.I.R. also states that three months ago in the month of 'Ramzan' the applicant had also acted inappropriately with the victim. It is Versus Counsel for Applicant(s) : Azhar Hussain, Mohd. Razif Counsel for Opposite Party(s) : G.A. Farhan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) contended that the first information report was lodged on 28.06.2025. The delay is fatal to the prosecution case. The victim was produced before the doctor on 28.06.2025. The doctor noticed no mark of fresh injury. Further, the victim refused to undergo an internal medical examination. On 01.07.2025, the victim was again produced before the doctor. As per the medical report dated 01.07.2025, an abrasion was found on the anal region. The medical report also recorded that the said injury was fresh in duration. It is contended that the said injury cannot be attributed to the alleged incidents. The case of the applicant is also distinguishable from that of co-accused Suaib. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The 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. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the first information report was lodged belatedly; the victim was produced before the doctor on 28.06.2025; the doctor noticed no mark of fresh injury; no internal medical examination was conducted; on 01.07.2025, the victim was again examined by the doctor; as per the medical report dated 01.07.2025, an abrasion was found on the anal region; the medical report also recorded that the said injury was fresh in duration; the said injury cannot be attributed to the alleged incidents; at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 9. In the event of arrest, the applicant- Farhan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the NABAIL No. 7679 of 2025 2 Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 10. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 11. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 12. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 13. The application stands disposed of. September 22, 2025 Sachin Mishra NABAIL No. 7679 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad