KAUSHAL DEEP YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/8377/2025 · 2025-09-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162605 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162605 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8377 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.165 of 2025 under Section 69, 352, 351(3) BNS, Police Station Patti, District Pratapgarh. In the prosecution case, it is alleged that the informant/victim and the applicant are social media influencers. They used to make videos/reels together, and on account of that interaction, they became close and developed a relationship for the past two years. It is alleged that the applicant established sexual relations with the victim on the pretext of a false promise of marriage. When the victim asked the applicant for marriage, he refused and stopped communicating with her. Thereafter, when the victim approached the parents of the applicant with a marriage proposal, they abused her and refused to solemnize the marriage.
Learned counsel for the applicant submits that the prosecution story is highly doubtful, which is evident from the restatement of the victim already on record. It is pointed out that the statements of the victim recorded under Sections 180 and 183 BNSS suffer from material improvements and lack corroborative support. At the best, it can be said to be a case of consensual relationship between two adults. Versus Counsel for Applicant(s) : Bhanupriya Singh, Sahil Sajjad, Sandeep Kumar Srivastava Counsel for Opposite Party(s) : G.A. Kaushal Deep Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
Learned counsel further submits that the prosecution version is false, which is clear from the fact that allegations have also been made against the father of the applicant, who had already passed away on 26.03.2021, as specifically pleaded in paragraph 6 of the bail application. It is further urged that the applicant has no criminal antecedents. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant is in jail since 27.7.2017; charge-sheet has been filed in the matter; without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Kaushal Deep Yadav be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. BAIL No. 8377 of 2025 2
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS).
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). September 3, 2025 Madhu D.R/P.S BAIL No. 8377 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench