Neutral Citation No. - 2025:AHC-LKO:21926 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3263 of 2025 Applicant :- Arti @ Asma Begum Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And 3 Others Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Upendra Kumar Singh, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.846 of 2024 under Sections 137(2), 65(1), 61(2), 123, 351(2) B.N.S. & Section 5L/6 of P.O.C.S.O. Act registered at Police Station- Kotwali Nagar, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.11.2024 against the applicant and anther person Shekhar stating that the informant's elder daughter Shalini aged 14 years used to go out of her home frequently without telling any person. She had gone out on 03.11.2024 and she met the informant on 04/05.11.2024 and told that co- accused Shankar had raped in a dilapidated building outside the railway station. The applicant used to accompany Shankar and she used to administer some medicine and threaten her with knife for committing the misdeed. 4. The victim support the FIR version in her statements recorded under Sections 180 & 183 B.N.S.S. 5. The medico-legal examination report of the victim does not reveal anything significant. The pathological examination report also mentions no dead or living spermatozoa in vaginal smearing. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 29 years old woman having no criminal history and she has been falsely implicated in the present case. 7. Learned A.G.A. has vehemently opposed the bail application and he has informed that efforts were made to apprise the informant about the present application but he could not be traced out. Corporator of the concerned locality has written to the Inspector In-charge that the informant is not residing at the address given by him. He is a labour and he has gone away with his family. 8. Learned A.G.A. has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 11.12.2024. He has further submitted that the allegation against the applicant is of facilitating sexual exploitation of a minor girl, which is a heinous offence and, therefore, the applicant should not be released on bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has mentioned his address as "रराम ललीलरा ममैदरान कके परास , हननुमरान गढली ककोतवरालली नगर, गकोण्डरा, उत्तर प्रदकेश, भरारत", without mentioning any house number or any other particulars and, therefore, he could not be traced out for service of notice in spite of reasonable efforts and in these circumstances, the bail application of the applicant needs to be considered and decided on its merits as she is languishing in jail; the incident is alleged to have taken place between 03.11.2024 and 04/05.11.2024 and the FIR was lodged on 08.11.2024; that besides the statement of the informant and his daughter, there is no other material to support the allegations and the findings of the medico-legal examination report and the pathological examination report also do not support the allegations; that the applicant is a woman having no criminal history, she is languishing in jail since 09.11.2024 whereas the investigation already stands concluded, 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 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 :- 18.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench