Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 103068 (ALL)

SOMVEER YADAV v. STATE OF U.P. AND 3 OTHERS

BAIL/33953/2025 · 2025-10-06

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33953 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Case called out in the revised. None appears for the first informant despite service of notice. Heard Shri Rajiv Kumar Pandey, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Somveer Yadav, seeking enlargement on bail in Case Crime No. 274 of 2025, under Sections 87, 143 (4) of the Bharatiya Nyaya Sanhita, 2023, section 16/17 of POCSO Act, Police Station Sector 113, Noida, District Gautam Budh Nagar, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 31.7.2025. Learned counsel for the applicant submits that in the statement recorded under Section 183 BNSS, victim has said that she left her parental home out of her own accord. She had not levelled any allegation against the applicant. Charge sheet in this case has already been filed on 2.9.2025. Further custodial interrogation of the applicant is not required. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Versus Counsel for Applicant(s) : Rajiv Kumar Pandey Counsel for Opposite Party(s) : G.A. Somveer Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Somveer Yadav , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 7, 2025 Ravi Prakash BAIL No. 33953 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad