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2025 DAILYLAW 125208 (ALL)

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

BAIL/1738/2025 · 2025-03-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15911 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1738 of 2025 Applicant :- Pintu Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Dinesh Chandra,Saurabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dinesh Chandra, learned counsel for the applicant and Sri Punit Kumar Yadav, learned State Counsel. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 409/2024, under Sections 87, 137(2), 64(1) B.N.S. & Section 3/4 POCSO Act, Police Station Salon, District Raebareli. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 03.10.2024 alleging that the informant's daughter aged about 17 years has been enticed away. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, she knows the applicant for the past one year, she has gone away on her own without telling any person and she has married the applicant, she loves him and she wants to live with him. 4. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. In her statement recorded under Section 183 BNSS, the victim stated that she has married the applicant and the applicant has not committed any misdeed against her. She was short by two months in attaining the age of majority and she states that she wants to live with the applicant. As per the educational record, date of birth of the victim is 01.01.2007. The victim has been produced before this Court by the Investigating Officer in compliance of order dated 28.02.2025 and she has appeared before this Court accompanied by her mother Shakuntala and she has categorically stated that she has attained majority and she wants to live with her husband i.e. the applicant. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement given by the victim before this Court, 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Pintu 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 :- 19.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench