Neutral Citation No. - 2025:AHC:134771 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27436 of 2025 Applicant :- Smt. Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari,Vijay Kumar Mishra 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-By means of this bail application, applicant-Smt. Sanju who is involved in Case Crime No. 535 of 2024, under Sections 140(1), 98, 143(4) B.N.S., Police Station Swar, District Rampur seeks enlargement on bail during the pendency of trial. 3-As per the prosecution case in brief, complainant- Smt. Mamta got a first information report lodged on 27.11.2024 for the offence under Section 140(1) B.N.S. against Vishambhar Saini, Javitri, Munni and Sanju stating inter-alia that she is a resident of Muravpura, Police Station Prem Nagar, District Bareilly and her husband does a private job in Banbasa. On 25.11.2024, she along with her children were going to her husband's place and on her way, three women and a man forcibly took away her three years old daughter. On making a hectic search, she came to know that her daughter is in the custody of Vishambhar Saini, Javitri, Munni and Sanju, who are residents of Bihar. F.I.R. also alleges that the car, in which they have taken her daughter away, was a white car bearing Registration No. UK 06 R 8888. 4-It is argued by learned counsel for the applicant that the accused persons and complainant's husband work together as labourers. The applicant is innocent and has been falsely implicated in this case. F.I.R. was lodged after delay of two days. The prosecution has shown a false recovery of a child on the same day of lodging the F.I.R. i.e. on 27.11.2024 from the joint possession of all the named accused persons whereas the correct fact is that no such incident took place, as alleged by the complainant. There is no independent witness of the alleged recovery. It is also pointed out that co-accused Javitri and Vishambhar Saini have been granted bail vide orders dated 17.04.2025 and 23.04.2025 in Criminal Misc. Bail Application Nos. 807 of 2025 and 3639 of 2025 respectively, hence, the applicant who has no criminal antecedent to her credit and is languishing in jail since 28.11.2024 is also entitled to be released on bail on the ground of parity. 5-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. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Javitri and Vishambhar Saini, under similar accusation, have been granted bail. Accordingly, the applicant has made out a case for bail on the ground of parity. 7-Hence, the bail application is hereby allowed. 8-Let the applicant-Smt Sanju, 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 before the release of the applicant on bail. 9-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 :- 8.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad