Neutral Citation No. - 2025:AHC:145564 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27416 of 2025 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Kumar Mishra,Simpal Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 315 of 2025, under Sections 137(2), 87, 352 of B.N.S., Police Station Malpura, District Agra, during the pendency of trial. As per the prosecution case, in brief, the complainant who is brother of the victim got a first information report lodged on 05.07.2025 under Sections 137(2), 87, 352 of B.N.S., 2023 against the applicant making allegations inter alia that on 05.07.2025 at about 1.30 A.M. his sister was enticed away by the applicant. F.I.R. further alleges that his sister while going with the applicant also took Rs. 20,000/- and mobile phone with her. Main substratum of argument of learned counsel for the applicant is that victim is aged about 18 years and she was not enticed away by the applicant, who has been falsely implicated in this case. Referring the statements under Sections 180 and 183 B.N.S.S. of the victim it is pointed out that she has stated inter alia that since she was scolded by her family members, therefore, she left her house in the night and she called the applicant. Thereafter both went to bus stand, from where they were going to Allahabad. On the way when they came to know that F.I.R. has been lodged, they returned but on reaching Agra they were apprehended by the police. The applicant has no criminal antecedent. 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 is languishing in jail since 08.07.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could 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 it is not in dispute that the victim is aged about 18 years and she in her statements under Sections 180 and 183 B.N.S.S. did not make allegation of committing any misdeed or sexual abuse against the applicant, hence in the light of statement of the victim, prima facie the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. Let the applicant-Ajay, 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: (i) That the applicant shall cooperate with 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 23.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad