Neutral Citation No. - 2025:AHC:133926 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25344 of 2025 Applicant :- Gulam Mustafa Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-The instant bail application has been filed on behalf of the applicant-Gulam Mustafa with a prayer to release him on bail in Case Crime No. 0146 of 2025, under Sections 87, 137(2), 61(2), 96, 142 B.N.S., 2023, Police Station-Shahganj, District-Agra, during the pendency of trial. 3-It is argued by learned counsel for the applicant that the applicant is not named in the impugned first information report. After recovery of the victim, her statement under Section 180 of B.N.S.S., 2023 was recorded, in which she has stated inter-alia that she wanted to marry Rehan, in which Islam and Ghulam Mustafa (applicant) supported them providing accommodation and money. The victim, in her statement under Section 183 B.N.S.S., has stated that she herself called Rehan to her house and thereafter, she went along with Rehan to Kaliyar and from there, 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 in a rented room. The victim has also disclosed that 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. The applicant was apprehended by the police on 31.05.2025 along with co-accused Islam, Asif, Naeem and Pawan. On the strength of aforesaid facts, it is next argued that so far as the allegation against the present applicant is concerned, it is the case of the prosecution that he also helped the co-accused Rehan and victim providing financial support. It is next argued that co- accused Mona, who was also friend of the victim and helped her has been granted bail vide order dated 28.07.2025 in Criminal Misc. Bail Application No. 22394 of 2025. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal antecedent and is languishing in jail since 03.05.2025. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 4-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. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that in the light of statement under Section 180 and 183 of BNSS of the victim, the applicant has made out a prima-facie case for bail. 6-Accordingly, the instant bail application is hereby allowed. 7-Let the applicant-Gulam Mustafa, 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 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 :- 7.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad