Neutral Citation No. - 2025:AHC:65883 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3035 of 2025 Applicant :- Nidhi Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.14 of 2025, under sections 137(2), 87, 61 B.N.S, P.S. Ghazipur, District Fatehpur. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The victim in her statement under Section 180 B.N.S.S. stated that she had gone voluntarily with the co-accused Anuj to Fatehpur, from Fatehpur to Maihar, thereafter to Jhansi and from Jhansi to Ludhiana. However, the victim in her statement under Section 183 B.N.S.S. stated a contrary version. It is contended that the said contradictions discredit the prosecution case. As per the ossification test report the victim was aged 18 years. The conduct of the victim shows that she was a consenting party. The applicant is a lady having no criminal antecedents. In case the applicant is granted anticipatory bail, she will not misuse the said liberty. 4. Learned AGA for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that the applicant was not named in the first information report, the fact that the name of the applicant was disclosed in the statement of the victim under Section 183 B.N.S.S., the fact that there are contradictions in the statement of the victim under Section 180 and 183 B.N.S.S., without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Nidhi Devi, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S./ 313 Cr.P.C. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 29.4.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad