SONU YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND 3 OTHERS
BAIL/2932/2025 · 2025-04-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122988 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122988 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19681 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2932 of 2025 Applicant :- Sonu Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others Counsel for Applicant :- Verender Kumar Tiwari,Vijay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vijay Kumar Tiwari, learned counsel for the applicant, Sri Alok Kumar Tiwari, the 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. 0463 of 2023, under Sections 363, 366 and 376(3) IPC and Section 5L/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mankapur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.08.2023 against four persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 13 years with the assistance of other accused persons on
09.08.2023. 4. Statement of the victim was recorded under Section 161 CrPC on 12.01.2024 wherein she stated that she had been in a relationship with the applicant for the past six months; when one day her mother saw her talking to the applicant, she had beaten her badly. Therefore, she left her home and went to Muzaffarpur from where she called the applicant telephonically and went with him to Ahemdabad and married him. She categorically stated that she had gone with the applicant out of her own free will and she wants to live with the
applicant only. The Medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The pathological examination report mentions absence of spermatozoa-dead or alive. In the statement of the victim recorded under Section 164 CrPC, she reiterated her earlier version and categorically stated that she has married the applicant out of her own free will. It appears that radiological examination has not been carried out to ascertain age of the victim. 5. In the affidavit filed in support of bail application, it has been stated that the applicant is a young man aged 25 years, having no criminal history and he has been falsely implicated in the present case. 6.
The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and submitted that the allegations have been established during investigation and a charge- sheet has been submitted on 10.02.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she stated that she had gone with the applicant out of her own free will, she has married the applicant and she did not allege commission of any misdeed by the applicant, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Sonu 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 :- 8.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench