Neutral Citation No. - 2025:AHC:67371 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3473 of 2025 Applicant :- Smt. Shakuntala Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- Bhiya Vikash Bharti,G.A.,Vipin Chandra Pal Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Kuldeep Singh Chahar, learned counsel for the applicant, Sri Vipin Chandra Pal, learned counsel for the first informant, Sri Arimardan Yadav, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Smt. Shakuntala Devi, seeking enlargement on bail in Case Crime No. 0345 of 2024, under Sections 363, 366, 366A, 323, 120B IPC and 16/17 POCSO Act, Police Station Jagdishpura, District Agra. 3. The allegation made in the FIR is that on 18/19.06.2024 the applicant and co-accused persons enticed away the informant and without her consent, performed her marriage with one Rakesh at Kota, Rajasthan. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this case crime number and is languishing in jail since 29.09.2024. 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 incident took place on 18.06.2024 and its FIR was lodged after 10 days i.e. on 29.06.2024 without given any explanation for delay in lodging the FIR. It is submitted that the victim was medically examined on 03.07.2024, as per the medical examination report no internal or external injury was found on the person of victim. As per the medical report, the age of the victim was 17 years. In fact the victim is major and she was a consenting party. It is further submitted that there are various contradictions in the statements of the victim said to have been recorded under Section 161 & 164 Cr.P.C. It is submitted that it is highly improbable that the victim was taken to different places without any resistance or protest by her. It is next submitted that co-accused Reshma has been granted bail by coordinate Bench of this Court, vide order dated 05.12.2024, passed in Crl. Misc. Bail Application No. 43717 of 2024. The victim has not made any allegation either to entice her or to out raise her modesty against the applicant, so no offence is made out against the applicant under the aforesaid sections. Hence, bail has been prayed for. 5. Learned AGA has 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, Smt. Shakuntala 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 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 :- 28.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad