X Minor Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:65948

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3041 of 2025

Applicant :- X Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Learned AGA on the basis of instructions submits that notice of the present application has been served on the informant/ opposite party no.2 and Child Welfare Committee on 7.4.2025 and 8.4.2025 respectively. However, no one appears on behalf of the opposite party no.2/victim nor any counter affidavit has been filed on their behalf.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

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The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.182 of 2024, under sections 137(2), 87 B.N.S. and Sections 16/18 POCSO Act, P.S. Dubhar, District Ballia.

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Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. In the statement of the victim under Section 180 B.N.S.S. there are no allegations against the applicant. The name of the applicant was disclosed by the victim in her statement under Section 183 B.N.S.S. It is contended that the said statement is an afterthought and discredits the prosecution case. The applicant was not involved in the abatement of crime. Further, on the alleged date of incident, the applicant was a minor. In this regard, reliance has been placed on the High School Certificate of the applicant annexed as Annexure-12 to the bail application. The applicant is yet to be declared as juvenile by the concerned board. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned AGA for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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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

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that the applicant was not named in the first information report; the name of the applicant was disclosed by the victim in her statement under Section 183 B.N.S.S., 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.

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In the event of arrest, the applicant X Minor 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., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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(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;

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(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.

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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.

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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.

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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.

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The application stands disposed of.

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Order Date :- 29.4.2025 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

X Minor v. State of U.P. and 3 Others

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