HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9376 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicants and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.493 of 2026 under Sections 137(2), 87 B.N.S and Section 16/17 Protection of Children from Sexual Offence Act, 2012, Police Station-Kotwali Khalilabad, District-Sant Kabir Nagaron, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the abovementioned case. 3. The present application was put up before this Court on 10.09.2026 and the following order was passed :- "1. This anticipatory bail application, amongst other offences, involves offence under Section 64(1) of the BNS which is not cognizable by this Court. 2. Office to file a fresh report and put up this case before the appropriate Bench as fresh, if possible, in the week commencing 14.09.2026." 4. An office report has been filed stating that the present matter pertains to Section 137(2), 87 of BNS and Section 16/17 of the POCSO Act and not under Section 64(1) BNS and the present case is cognizable by this Court. 5. On the strength of this office report, Learned counsel for the applicants Versus Counsel for Applicant(s) : Aditya Yadav, Aryan Yadav, Piyush Kumar, Vishal Pandey Counsel for Opposite Party(s) : G.A. Chandrashekhar And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) has contended that this Court has jurisdiction to hear the matter, which fact is not objected to by Learned AGA. 6. Learned counsel for the applicants has contended that the applicants have been falsely nominated in the case. They were not named in the F.I.R. and were also not named in the statement under Section 180 B.N.S.S. of the victim. It is quite belatedly in the statement recorded under Section 183 B.N.S.S. of the victim that the applicants have been named. Learned counsel has further submitted that there is no allegation of the applicants sexually assaulting the victim and even in her medical examination, the victim has been found to be about eighteen years of age. Learned counsel has further submitted that similarly situated co-accused Sandeep Kumar has been granted interim anticipatory bail by this Court in NABAIL No.9327 of 2026 and the case of the applicants stands on a similar footing to that of the co-accused. 7. Learned A.G.A. has opposed the prayer for bail but does not dispute the fact that the similarly situated co-accused has been granted interim anticipatory bail by this Court. 8. The matter requires consideration. 9. Issue notice to the opposite party No.2. 10. Connect with NABAIL No.9327 of 2026 and put up as fresh on 28.09.2026. 11. As the case of the applicants stands on a similar footing to that of the co-accused Sandeep Kumar, for the reasons cited in the order of Sandeep Kumar, the case of the applicants is also considered for grant of interim anticipatory bail till the next date of listing. 12. Till the next date of listing, in the event of arrest of the applicants- Chandrashekhar and Shani Kumar involved in the aforesaid case, they shall be released on interim anticipatory bail on their furnishing a personal bond and surety to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicants shall make themselves available for interrogation by a NABAIL No. 9376 of 2026 2 police officer as and when required; ii. that the applicants 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. that the applicants shall not leave India without the previous permission of the Court; iv. that the applicants shall not pressurize/intimidate the prosecution witness; 13. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. September 18, 2026 A. Pandey NABAIL No. 9376 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad