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2025 DAILYLAW 140260 (ALL)

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

BAIL/4227/2025 · 2025-05-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28890 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4227 of 2025 Applicant :- Tej Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sumit Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sumit Kumar, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned State Counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 87of 2025 under Sections 87, 137(2), 64(1) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences (POCSO) Act, registered at Police Station- Haidergarh District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged 19.03.2025, stating that the applicant had enticed away the informant's daughter aged 16 years on 18.03.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S, she stated that she is aged about 20 years, she had gone to a temple on 18.03.2025 where the applicant had also come. Both of them went to Khatushyam and stayed there for six days. They came back upon coming to know about the F.I.R. 5. The victim declined to under go medico legal examination and as per radio logical examination her age has been opined to be about 17 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S, she stated that she knows the applicant for the past thee years and she loves him. Her family members were not agreeable for her alliance with the applicant and, therefore, she had gone away with the applicant out of her own free will. After having darshan at Khatushyam, they came back. She further stated that she has married the applicant and she wants to live with him only. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. The learned State Counsel has opposed the bail application and he has submitted that the allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 14.04.2025. 9. 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 and that the applicant is a young man aged 22 years having no criminal history and is languishing in jail since 27.03.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Tej Kumar Yadav 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. Order Date :- 16.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench