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2025 DAILYLAW 137936 (ALL)

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

BAIL/3754/2025 · 2025-05-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25382 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3754 of 2025 Applicant :- Sachin Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Puttu Lal Misra,Prince Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Puttu Lal Misra, learned counsel for the applicant, Sri Anand Pratap Singh, learned Additional Government Advocate for the State, and Sri Neeraj Kumar Srivastava, Advocate, who has filed his Vakalatnama on behalf of the informant, which is taken on record and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0571 of 2024, under Sections 137(2), 87 and 65(1) B.N.S. and Section 3/4 POCSO Act, registered at Police Station Kotwali City, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.10.2024 against three persons, including the applicant and his brother Ravi Verma, stating that the accused persons had enticed away the informant's daughter. The informant further stated that her daughter had taken away some jewellery and cash with her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, she had gone from her home to Pratapgarh bus station where she met the applicant and went with him to Surat out of her own free-will. She categorically stated that no force was used against her. 5. The medico-legal examination report of the victim does not disclose any mark of injury of sign of use of force. 6. In the radiological examination age of the victim has been opined to be about 18 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she had gone with the applicant and married him at Surat. She categorically stated that no force was used against her. 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, he has been falsely implicated in the present case. 9. The learned Additional Government Advocate as well as learned counsel for the informant has opposed the bail application. Learned Additional Government Advocate has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 22.12.2024. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant; that the victim is major as per findings of the radiological examination report; that the applicant is a young man having no criminal history and he has been languishing in jail since 21.12.2024, whereas the investigation already 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- Sachin 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 :- 2.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench