Neutral Citation No. - 2025:AHC:124051 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22394 of 2025 Applicant :- Mona Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Mohd. Razif Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Mona, who is involved in Case Crime No. 146 of 2025, under Sections 137(2), 61(2), 87, 142 BNS, police station Shahganj, district Agra seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is mother of the victim, got an F.I.R. lodged on 09.04.2025 under Section 137(2) BNS, 2023 against co-accused Rehan making allegation inter alia that on 08.04.2025, her daughter after taking her Aadhar Card, clothes, Rs. 14,000/- and ornaments left her house. She has suspicion that co-accused Rehan has enticed away her daughter. It is argued by learned counsel for the applicant that the applicant is not named in the F.I.R. She has been falsely implicated in this case because she is friend of the victim and she has telephonic conversation with her. The victim was apprehended on 31.05.2025 by the police and thereafter her statements under Section 180 and 183 BNSS have been recorded. Referring the statement under Section 183 BNSS of the victim, it is submitted that the victim has stated inter alia that on 08.04.2025, she herself called Rehan to her house and thereafter, she went alongwith Rehan to Kaliyar and from where, they went to Ajmer. Thereafter they went to Bareilly where they stayed for 2-3 days and then they had gone to Delhi on 18.04.2025 where they were living after taking a room on rent. The victim has also stated that since she loves Rehan and wants to marry him but her family members were forcibly getting her marriage solemnized somewhere else, therefore, she under compulsion left her house. Much emphasis has been given by contending that the police has not recorded the correct statement under Section 180 of BNSS of the victim wherein she has stated inter alia that she had gone with Rehan with the help of the applicant Mona whereas no such statement has been given by the victim in her statement under Section 183 BNSS. It is also submitted that there is no credible evidence/material against the applicant. The applicant does not have any criminal history to her credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 03.05.2025 and in case, the applicant is released on bail, she will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that in the light of the statement under Section 183 BNSS of the victim, the case of applicant is distinguishable from the case of co-accused Rehan. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Mona 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after her 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 28.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad