Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 128576 (ALL)

RAHUL YADAV v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/2298/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:16466 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2298 of 2025 Applicant :- Rahul Yadav Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Vivek Kumar Verma,Shalini Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shubham Yadav, Advocate, holding brief of Sri Vivek Kumar Verma, the learned counsel for the applicant and Shri Anurag Verma, the learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 258/2024, under Sections 137 (2), 87, 64 of B.N.S. & Section 5J/6 of POCSO Act, 2012, Police Station Rehra Bazar, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.12.2024 against the applicant and his family members stating that the applicant had enticed away the informant's minor daughter, aged 16 years on 05.12.2024. 4. In the statement of the victim recorded under Section 180 and 183, B.N.S.S. she has stated that she had gone with the applicant out of her own freewill and she has married him. She has further stated that she is pregnant and she wants to live with the applicant only. 5. In the radio-logical examination, victim has been opined to be a major. 6. In the affidavit filed in support of the application, it has been stated that the applicant is innocent and has been falsely implicated in the present case and he has no criminal history and he is in jail since 25.1.2025. 7. Having considered the aforesaid facts and circumstances of the case, coupled with the fact that the applicant is a young man, having no criminal history and he is languishing in jail since 25.01.2025, 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- Rahul 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 :- 20.3.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench