Neutral Citation No. - 2025:AHC:67154 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5532 of 2025 Applicant :- Rukhasana Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Dileep Kumar Srivastava, learned counsel for the applicant, Sri S.K. Rai, 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, Rukhasana, seeking enlargement on bail in Case Crime No. 468 of 2024, under Sections 3/4/5 Immoral Traffic Prevention Act, 1956 and 16/17 POCSO Act, Police Station Naini, District Prayagraj. 3. The allegation made in the FIR is that on 15.07.2024 at about 18:30 hours, after receiving information from NGO Freedom Firm for Rescue Girls, Allahabad a search was made in the house of co- accused namely Sanjay Nishad, applicant and other co-accused persons were arrested with some illegal material. 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 16.07.2024. 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 15.07.2024 and its FIR was lodged on 16.07.2024 without given any explanation for delay in lodging the FIR. It is submitted that the applicant has been made accused in the present case on the statement of co-accused Sanjay Nishad, who is owner of the house. Nothing has been recovered from the possession of the applicant. The alleged recovery was made from the house of co-accused Sanjay Nishad but there is no any independent witnesses are shown in the present case. 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, Rukhasana, 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