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2025 DAILYLAW 138904 (ALL)

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

BAIL/4005/2025 · 2025-05-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27724 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4005 of 2025 Applicant :- Daya Shankar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Rahul Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rahul Singh, learned counsel for the applicant, Sri Rajiv Kumar Verma, learned Additional Government Advocate for the State and Sri Subhashish Sen, Advocate who has put in appearance on behalf of the informant and filed a short counter affidavit along with vakalatnama, which are taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 164 of 2024, under Sections 69, 352, 351(2), 316(2) B.N.S., Section 5L/6 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(V) of SC/ST Act, registered at Police Station Rahimabad, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.09.2024 stating that the applicant has sexually exploited the informant under an allurement of marrying her and he gook jewelry worth Rs.1,75,000/- from the informant but he did not return the same. It has also been alleged that the applicant has threatened to spread the informant's photos and video on social media. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 45 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. The applicant is languishing in jail since 23.11.2024. After investigation a charge sheet has been submitted on 16.12.2204. 5. A copy of statement of the informant recorded by the trial court has been annexed with the bail application. Although, the informant has supported the prosecution case during her examination-in-chief, she did not support the allegation during her cross-examination and she has been declared to be hostile. She did not support the prosecution case in the cross-examination conducted by the learned Public Prosecutor. 6. The victim has supported the applicant in the short counter affidavit filed on her behalf before this court, wherein she has stated that she has no objection in case the applicant is released on bail. 7. Having considered the aforesaid facts and circumstances of the case 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-Daya Shankar 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 :- 12.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench