HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9214 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.346 of 2025, under Sections 74, 351(3) of BNS and Section 9m/10 POCSO Act, Police Station- Bharthana, District Etawah, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned counsel for the applicant has contended that the applicant is an old man, aged about 85 years, and has been falsely nominated in the present case. The offences in question, in the event of conviction, do not entail a punishment of more than seven years. Learned counsel has further submitted that although the offence alleged against the applicant is molesting a seven-year-old child, the applicant, being an 85-year-old man, is incapable of committing sexual assault. 4. Learned counsel for the High Court Legal Services Committee, Ms. Priyadarshini Shandilya and learned AGA have opposed the prayer for bail and have contended that the applicant is the solitary accused in the present case. Specific allegations have been made by the victim in her statement recorded during investigation. Learned counsel, however, does not dispute the old age of the applicant. 5. I have considered the submissions made by learned counsel for the Versus Counsel for Applicant(s) : Hukum Singh, Puneet Bhadauria Counsel for Opposite Party(s) : G.A. Shivraj Singh Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) parties. 6. The charge-sheet has already been filed in the present case. The applicant is an old man, aged about 85 years. In the prima facie opinion of the Court, the applicant is no longer required for any custodial interrogation. 7. Taking into consideration the old age of the applicant, who is also stated to be also medically unfit, I deem it fit to grant anticipatory bail to the applicant. 8. Taking into account all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant Shivraj Singh Yadav, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 him from disclosing such facts to the Court or to any police officer; iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; 11. In case of breach of any of the above conditions, the Court concerned NABAIL No. 9214 of 2026 2 shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 16, 2026 S.A. NABAIL No. 9214 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad