NEELESH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/2513/2025 · 2025-03-25
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 129999 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129999 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16979 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2513 of 2025 Applicant :- Neelesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rajesh Kumar,Dhruvendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Rajesh Kumar, learned counsel for the applicant, Shri Anant Pratap Singh, 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.207 of 2024, under Sections 137(2), 64 B.N.S. & 3/4 P.O.C.S.O. Act registered at Police Station- Motigarpur, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.08.2024 stating that the informant's daughter aged about 16 years had been enticed away by some unknown persons. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that her grand-mother had scolded her due to which reason she had gone to the house of her maternal grand-mother in Kanpur. She categorically sated that no person was guilty in this and nobody had enticed her away. The victim declined to undergo medico-legal examination. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she sated that her grand-mother had scolded her and asked her to go to her mother. Thereafter, she had gone to the house of her maternal grand-mother alongwith the applicant. The applicant came back after dropping her. She also stated that her paternal grand-parents have got her married in a temple about one month ago. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young innocent person aged 21 years having no criminal history and he has been falsely implicated in the present case. 7. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 20.12.2024. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in none of her statements, the victim has levelled any allegation of commission of misdeed by the applicant and that the applicant is a young man aged 21 years having no criminal history; that he is languishing in jail since 13.12.2024 and the investigation stands concluded, 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- 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 :- 25.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench