Neutral Citation No. - 2025:AHC:26021 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46180 of 2024 Applicant :- Smt. Phool Kunwar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Rajesh Singh, learned counsel for the applicant, Shri Sunil Kumar Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Smt. Phool Kunwar, seeking enlargement on bail in Case Crime No. 0329 of 2024, under Sections 137(2), 123, 351(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sirsaganj, District Firozabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 23.7.2024. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. As per statement of the victim recorded under sections 180 & 183 B.N.S. nothing wrong has been done with her and there are contradiction in both the statements of the victim. Victim was sent for her medical examination but she has refused for her internal or external examination. Learned counsel for the applicant submits that victim is stated to be of 16 years of age which shows that she is mature enough to ascertain what is right or wrong for her. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Smt. Phool Kunwar, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 24.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad