AMAN YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO.
BAIL/2274/2025 · 2025-03-20
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 128733 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128733 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16137 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2274 of 2025 Applicant :- Aman Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Ashish Gulati,Abhilash Mishra,Saurabh Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ashish Gulati, the learned counsel for the applicant, Sri Ashok Srivastava, 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. 342 of 2024, under Sections 70(1), 140(1), 351(2), 352 B.N.S., registered at Police Station Krishna Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.07.2024 stating that while the informant was living alone in the house of her sister's husband, Angad Yadav came there at about 06.30 a.m. on 16.07.2024 and compelled her to go with him. Because of fear, the informant went with him on bullet motorcycle to Azamgarh. Her brother in law lodged a missing report in the Police Station Krishna Nagar and thereafter her brother found her in a hotel at Azamgarh. Angad escaped from the spot after seeing her brother. 4. In the statement of the victim recorded under Section 180 BNSS she reiterated the F.I.R. version. No mark of injury or use of force has been report in the medico legal examination report
of the victim. In the statement of the Hotel Manager recorded by the Investigating Officer, he stated that the informant had come with Angad Yadav and stayed in his hotel and left the hotel happily. There was no fear or tension visible on the face of the informant. 5. In the statement of the informant recorded under Section 183 BNSS, she stated that Angad, Aman Yadav and Rajesh had taken her away in a car and all of them had raped her. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a 20 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim herself is the informant; that the incident took place on 16.07.2024 and she has lodged the F.I.R. on 27.07.2024 against Angad Yadav only; that the informant has not levelled any allegation against the applicant in her statement under Section 180 BNSS; that the statement of Hotel Manager recorded by the Investigating Officer raises doubt against the version of F.I.R. and that the applicant has been implicated in the present case in the subsequent statement of the informant; that the applicant has no previous criminal history and he is languishing in jail since 22.09.2024 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.
9. Accordingly, this bail application stands allowed.
10. Let the applicant-Aman 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 :- 20.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench