HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24298 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. In spite of service of notice upon opposite party nos.2 and 4 but no one has put in appearance on their behalf. 3. The instant bail application has been filed on behalf of the applicant, Pushpa Devi with a prayer to release her on bail in Case Crime No.100 of 2025, under Sections 87, 137(2), 49 of Bhartiya Nyay Sanhita, 2023 and Section 4/17 of POCSO Act, Police Station Madhotanda, District- Pilibhit, during pendency of trial. 4. Learned counsel for the applicant has submitted that the applicant has not committed any offence. She has been falsely implicated in this case. It is further submitted that the applicant is not named in the first information report. In the first information report, only co-accused Balram and his father Mahaveer are named and it has been stated therein that Balram has enticed away the 16 years old daughter of the first informant. During the course of investigation, the victim was recovered from Kalinagar Chauraha. She has not recovered from the possession of the applicant. In the statement under Section 180 BNSS, the victim has stated that she had left her home out of her own sweet will due to anger of family dispute. In the statement under Section 183 BNSS, she has stated regarding the role and involvement of the applicant that it was the applicant, who arranged her marriage. The applicant is a lady. She is languishing in jail since 02.05.2025 having no criminal history. It is submitted that since the charge-sheet has already been Versus Counsel for Applicant(s) : Amit Kumar Verma Counsel for Opposite Party(s) : G.A. Pushpa Devi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and submitted that the applicant has committed a very heinous offence against the minor girl. It is further contended that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail. 6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 7. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order BAIL No. 24298 of 2025 2 to secure her presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against her in accordance with law under Section 174-A I.P.C./209. B.N.S. (v) 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 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. (Santosh Rai,J.) September 25, 2025 Radhika BAIL No. 24298 of 2025 3 Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad