JUDGMENT :

1. Heard learned counsel for the applicant, learned counsel for opposite party as well as learned AGA for the State and perused the material placed on record.

2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 209 of 2022, under sections 363, 366, 376, 120-B IPC and Section 5/6 POCSO Act, Police Station- Phaphamau, District- Prayagraj.

3. It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated. In this case, applicant was not named in the F.I.R. Even in the statement of the victim recorded under Section 164 Cr.P.C. before the learned Magistrate, she did not disclose the name of present applicant as to make assistance of the commission of offence as alleged but when she went in the custody of her parents and again her second statement u/s 164 Cr.P.C. was recorded, she disclosed the name of present applicant also. No any allegation regarding molestation or rape was made against the applicant. Main role was against co-accused Sumit Singh who has been granted regular bail. There is no criminal history against him. Lastly, it is submitted that investigation is going on and the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

4. Learned AGA has opposed the prayer for anticipatory bail.

5. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., the perusal of record and without commenting on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

6. In the event of arrest of the applicant-Robin Singh @ Durgesh Singh, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/-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:-

(i) The applicant shall make himself available for interrogation by a police office 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 office;

(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.

7. 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.