Neutral Citation No. - 2025:AHC:27475 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44474 of 2024 Applicant :- Shivala Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Madhaw Pandey,Meraj Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Meraj Ahmad Khan, learned counsel for the applicant and Shri Rakesh Shukla, the learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.481 of 2024, under Sections 137(2), 87, 61 BNS and Section 16/17 of POCSO Act, Police Station Gursahayganj, District-Kannauj. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on 24.07.2024 against the applicant and on Rinki, besides an unknown person, stating that the named accused person had taken away the informant's 16 years old daughter at about 10:302 AM on 21.07.2024 and they had handed her over to some person. 4. In the statement of the victim recorded under Section 180 of BNSS, she stated that the applicant resides in her neighborhood and she is related to her as her Buaa. She talks to Arjun- elder brother of the applicant's husband, for the past one year and on 22.07.2024, she had gone to Arjun alongwith the applicant. The applicant returned the same day and she married Arjun in a Temple the following day. She stated that she wants to live with Arjun. 5. The victim is a minor as per the educational documents as also as per the medico-legal examination report. The medico-legal examination does not disclose any sign of use of force or mark of injury. 6. In the subsequent statement recorded under Section 183 BNSS, the victim stated that the applicant had taken her away to bareilly by bus forcibly and she has been married with Arjun against her wish. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent lady having no criminal history and she is languishing in jail since 26.07.2024. 8. Learned AGA has vehemently opposed the bail application and he has submitted that the victim is admittedly minor and the offence is heinous. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in her initial statement, the applicant stated that she talks to Arjun for the past one year and got married Arjun at Bareilly while the applicant had already returned from there and that she wants to live with him and that her subsequent statement is at variance with her initial statement and that the applicant is a women having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Shivala be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 27.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad