HARSHIT YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/1258/2025 · 2025-03-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122194 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122194 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16450 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1258 of 2025 Applicant :- Harshit Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ravi Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Ravi Pratap Singh, the learned counsel for the applicant, Shri Arun Kumar Pandey, the learned A.G.A. 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.312 of 2024, under Sections 65(1), 69, 351(2), 351(3) B.N.S. and 5(L)/6 of POCSO Act registered at Police Station- Mall, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.10.2024 against the applicant, his brother and sister stating that the informant knows the applicant since the year 2017; both of them loved each other and wanted to marry each other, the applicant repetitively made physical relations with her under allurement of marrying her and some photographs and call recordings are available with the informant. The informant became pregnant on two occasions but the applicant administered some medicine causing her miscarriage and thereafter, he declined to marry her. In the statement of the informant recorded under Section 180 B.N.S.S., she stated that she is aged 22 years and she supported the FIR version. In the additional statement, the informant stated that besides herself, there was no other witness to prove the allegations. In the statement of the victim recorded under Section 183 B.N.S.S. also, she reiterated her earlier version. The medico-legal examination mentions no significant thing. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person aged 22 years, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet dated 18.12.2024. No photograph or call recording provided by the informant has been made a part of the case diary. 6. The counter affidavit states that information of this application has been told to the informant/victim through police. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is major and she states that she was in a relationship with the applicant for the past seven years; that the applicant and the informant are persons of same age; that although the informant alleged that she had some photographs and call recordings to prove her allegation, no material has been provided to the Investigating Officer and besides the statement of the informant, there is no other material coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 22.10.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Harshit 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 :- 21.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench