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2025 DAILYLAW 118668 (ALL)

SURAJ @ DEEPU YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

BAIL/621/2025 · 2025-04-23

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23282 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 621 of 2025 Applicant :- Suraj @ Deepu Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A.,Mahendra Pratap Singh,Ram Sajiwan Yadav Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Praveen Kumar Pandey, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 468/2024, under Sections 137(2), 64(2) B.N.S. and Section 5/6 POCSO Act, Police Station Bhadokhar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.11.2024 at 17:58 hours stating that the informant's daughter aged 15 years did not return from the school on 18.11.2024. The victim herself went to the police station on 20.11.2024 and she stated that she used to talk to the applicant since May, 2024, she has gone with him to his village, stayed during the night there and made physical relations. Thereafter the applicant dropped her back at Kanauli Majorganj and she came back. 4. The victim declined to undergo medico legal examination. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she categorically stated that she made physical relations with the applicant out of her own free will. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is 26 years old person having no criminal history and he has been falsely implicated in the present case. 7. The State has filed a counter affidavit opposing the bail application. Copies of statements recorded during investigation, a copy of the medico legal examination report, which says that the victim has declined her medical examination, a copy of her educational certificate which mentions her date of birth to be 20.02.2008 and a copy of the charge sheet dated 27.11.2024 have been annexed with the counter affidavit. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled any allegation against the applicant and that she has declined her medico legal examination, coupled with the facts that the applicant has no criminal history, he is languishing in jail since 23.11.2024 whereas the investigation already stands concluded. I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Suraj @ Deepu Yadav be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 23.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench