Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 127654 (ALL)

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

BAIL/2170/2025 · 2025-05-16

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:29057 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2170 of 2025 Applicant :- Rahul Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pravin Singh,Shivam Srivastava Counsel for Opposite Party :- G.A.,Jaikaran Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pravin Singh, learned counsel for the applicant, Sri Ravi Srivastava, learned Additional Government Advocate for the State, Sri Jaikaran, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 455 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Maharajganj, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.11.2024 against the applicant and two other persons stating that the accused persons had enticed away the informant's daughter aged about 15 years at about 8.00 p.m. on 07.11.2024. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she knows the applicant for the past nine months, she had gone with him to Delhi via Lucknow and stayed there as husband and wife. When the applicant started beating her without any reason, she came back. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version but in this statement she stated that the on one occasion the applicant had forcibly made physical relations with her but on the following day they made physical relations with mutual consent. 7. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in six other cases has been disclosed by filing a supplementary affidavit in four of which he has been granted bail, in one case the applicant is not involved and in the last case has not received any summon as yet. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 13.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of victim which prima facie indicates that she was in a consensual relationship with the applicant; that the applicant has no previous criminal history and he is languishing in jail since 27.11.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Rahul 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 :- 16.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench