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2025 DAILYLAW 122088 (ALL)

RAJENDRA YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/1238/2025 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26477 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1238 of 2025 Applicant :- Rajendra Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Gajendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Gajendra Kumar Mishra, the learned counsel for the applicant, Sri Anant Pratap Singh, learned Additional Government Advocate 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.066 of 2024, under Sections 64, 137(2) and 87 B.N.S., Section 3/4 POCSO Act and Sections 3(2)V and 3(2)va SC/ST Act, registered at Police Station Jarwa, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.12.2024 stating that the informant's daughter aged about 17 years had gone away from her home in the night of 25.11.2024 and upon making inquiries, he came to know that the applicant had enticed her away. 4. In the statements of the victim recorded under Sections 180 and 183 B.N.S.S., she stated that she is aged 19 years; she had gone away with the applicant out of her own free-will; she has married him and is living with him as his wife. 5. The medico legal examination of the victim reveals no mark of injury or sign of use of force and before the doctor also, the victim gave a similar statement. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is having no criminal history and he has been falsely implicated in the present case. 7. The State has filed its counter affidavit annexing therewith copies of the materials collected during investigation and a copy of the charge-sheet dated 28.12.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is having no criminal history and he is languishing in jail since 10.12.2024, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Rajendra Yadav be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi, J.] Order Date :- 6.5.2025MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench