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2025 DAILYLAW 132688 (ALL)

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

BAIL/2954/2025 · 2025-04-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19661 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2954 of 2025 Applicant :- Golu Yadav Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Suyesh Pradhan, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate 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. 492 of 2024, under Sections 137(2), 87, 64(1) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Laharpur, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.11.2024 against four persons including the applicant stating that the applicant has enticed away the informant's daughter aged about 17 years with the assistance of other co-accused persons in the night of 19.11.2024. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 18 years, she wanted to marry the applicant, whereas her mother wanted to get her married with some other person and for this reason she had left her home on 19.11.2024 and she married the applicant. She categorically stated that no misdeed was committed against her. The victim declined to undergo medico legal examination and as per educational certificate her date of birth is 05.07.2007. 4. In the statement of the victim recorded under Section 183 BNSS also she stated that she has married the applicant and the applicant has not committed any misdeed against her. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and she submitted that the allegations have been established during investigation and a charge sheet has been submitted on 16.02.2025. She further stated that the information of the present application was delivered to the informant through police on 23.03.2025, but no one has put in appearance on her behalf to oppose the bail application. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim and that the applicant has no previous criminal history and he is languishing in jail since 03.01.2025 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Golu 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 :- 8.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench