Neutral Citation No. - 2025:AHC:36539 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47285 of 2024 Applicant :- Rita Devi Alias Anita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Prakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Prakash Sharma, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Rita Devi @ Anita Devi, seeking enlargement on bail in Case Crime No. 207 of 2024, under Sections 87, 61(2), 54 BNS, Police Station Srirampur, District Deoria. 3. The allegation made in the FIR is that on 03.07.2024, at about 10:00 a.m., co-accused Raja with collusion of applicant has enticed away the minor daughter of informant and taken away her daughter in Gujrat and forcibly made illicit relation with her. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 09.10.2024. The incident took place on 03.07.2024 and its FIR was lodged after a great delay without given any explanation for delay in lodging the FIR. Learned counsel for the applicant further submits that as per the medical examination report, there is no sign regarding the allegation of rape. The statement of victim recorded under Section 161 and 164 Cr.P.C. There are several contradictions in the statement of victim recorded under Section 161 and 164 Cr.P.C., which shows that the victim is consenting party with the co- accused Raja. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant has not committed any offence as alleged in the FIR. The medical examination report does not support the prosecution version. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above 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, Rita Devi @ Anita Devi, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his 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 :- 11.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad