Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 132009 (ALL)

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

BAIL/3269/2025 · 2025-04-18

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:21939 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3269 of 2025 Applicant :- Ankit Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Pramod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Pramod Kumar Singh, 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.250 of 2024 under Sections 137(2), 87, 65(1) B.N.S. and Section 3/4 of POCSO Act registered at Police Station- Gadaganj, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.12.2024 stating that the informant's 14 years old daughter had gone to school on 10.12.2024 but she did not come back. Upon making enquiries, the informant came to know that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past three months, she had left her home for going to school on 10.12.2024 but instead of going to school, she went to her friend's place and stayed there till 03:00 PM and thereafter she went to Gaura where she met the applicant and spent 2-3 days with him at various places. 5. The medico-legal examination report does not reveal any mark of injury or sign of use of force. 6. The pathological examination report also does not contain any finding which may indicate commission of rape. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she categorically stated that she had gone away with her on her own free will and the applicant did not use force against her. She stated that she loves the applicant. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he is languishing in jail since 22.12.2024. 9. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 08.01.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of the victim wherein she did not allege commission of any misdeed committed by the applicant and that the applicant is a young man having no criminal history and he is languishing in jail since 08.01.2025 whereas 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. 11. Accordingly, this bail application stands allowed. 12. 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 :- 18.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench