RUPESH YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS
NABAIL/576/2025 · 2025-05-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142965 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142965 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33974 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 576 of 2025 Applicant :- Rupesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Rama Niwas Pathak,Ravi Prakash Srivastav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rama Niwas Pathak, learned counsel for the applicant as well as Sri Rajeev Kumar Verma, learned A.G.A.-I appearing on behalf of the State and the complainant, who has appeared in person before this court. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 15 of 2025, under Sections 69, 351(3) B.N.S. 2023 and Section 5/6 of Protection of Children from Sexual Offences (POCSO) Act, registered at Police Station Chinhat District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.01.2025 against the applicant and his brother, stating that the complainant is aged 19 years, she met the applicant during a train journey. A friendship developed between them and under allurement of marrying her, the applicant took her to Delhi and physically exploited her. The applicant got her pregnancy aborted on two occasions and ultimately he declined to marry her. 4. In the statement of the complainant/victim recorded under Section 180 B.N.S.S, she reiterated the F.I.R version. In response to some question put by the investigation officer, the complainant stated that she cannot tell the place where the applicant had kept her at Delhi. She further stated that her abortion was effected by giving some medicine and she had not gone to any doctor. 5. The medico legal examination report of the complainant mentions no mark of injury or sign of use of force. As per
radio-logical examination report, her age has been opined to be between 18-19 years. 6. In the statement of the complainant/victim recorded under Section 183 B.N.S.S, she stated that she has stayed with the applicant at Delhi for two years. 7. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is a young boy aged 19 years, he has been falsely implicated in the present case and he has no criminal history. 8.
The learned A.G.A-I has opposed the anticipatory bail application and he has submitted that the allegations have been established against the applicant during investigation and a charge-sheet has already been submitted on 04.03.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the complainant's statement, she has stayed with the applicant for a considerable long period of time and they were in an affectionate relationship; that the applicant is a young man aged 19 years, who has not attained the legally permissible age of marriage and that the applicant is having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant- Priyanshu @ Golu before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the
previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 30.5.2025 Preeti.
Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench