Neutral Citation No. - 2025:AHC:140097 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22516 of 2025 Applicant :- Pushpa Devi Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned A.G.A. for the State. 2-By means of this bail application under Section 483 of B.N.S.S., applicant- Pushpa Devi, who is involved in Case Crime No.401 of 2024, under Sections 87, 137(2), 351(3), 61(2) of B.N.S., 2023, Police Station Shahganj, District Jaunpur seeks enlargement on bail during the pendency of trial. 3-Brief facts of the case, which are required to be stated are that the complainant, who is mother of the victim got a first information report lodged on 03.12.2024 for the offence under Sections 87, 137(2), 351(3) of B.N.S, 2023 against Vinay Kumar alias Vikash and Pushpa Devi (applicant) making allegation inter-alia that on 05.07.2025 at about 09:00 PM, his daughter was enticed away by co- accused Vinay Kumar alias Vikash in collusion with the applicant- Pushpa Devi, who is mother of Vinay Kumar alias Vikash. 4-Main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case. It is further submitted that co-accused Vinay Kumar alias Vikash, who has enticed away the victim has been enlarged on bail by the trial court vide order dated 23.06.2025. It is further submitted that the F.I.R. was lodged after delay of five months on 03.12.2024 with regard to the alleged incident dated 05.07.2024. On 04.06.2025, the victim herself came to the police station for recording her statement. She has refused for her internal medical examination. Victim in her statement under Sections 180 & 183 of B.N.S.S., 2023 has stated inter-allia that since all family members used to beat her, therefore, she left her house without informing anyone and she had gone to Delhi. She was not enticed away by anyone and false F.I.R. has been lodged by her parents. On the strength of the aforesaid fact, it is also argued that the applicant, who has no criminal history and is languishing in jail since 19.05.2025 is entitled to be enlarged on bail. Lastly it is submitted that in case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-On the other hand, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the factual aspect of the matter as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that when victim came to know that her parents have lodged a false F.I.R., she herself came back for getting her statement recorded and she in her statement did not make allegation against the applicant. Hence, in the light of the statement of victim, the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. 7-Let the applicant- Pushpa Devi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 18.8.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad