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2025 DAILYLAW 166883 (ALL)

RAHUL YADAV v. STATE OF U.P. THRU. PRIN. SECY. /ADDL. CHIEF SECY. HOME U.P. LKO.

BAIL/9196/2025 · 2025-09-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9196 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Umesh Singh, learned counsel for the applicant, Shri Virendra Kumar, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.143 of 2025, under Sections 87, 137(2), 316(2) B.N.S., registered at Police Station Lalganj, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. alleging that the applicant had enticed away the informant daughter's aged 16 years. 4. In the statement recorded under Section 180 BNSS, the victim stated that her mother used to scold and beat her and, therefore, becoming angry she left home for searching of some work. Upon being unsuccessful, she return home. She categorically denied having gone away with any person or having stayed with any person. The victim denied to undergo medico-legal examination. 5. In the statement recorded under Section 183 BNSS, the victim alleged that the applicant had threatened her by taking her mother on gun point and had forcibly taken her away with him. She stated that she had stayed with the applicant in New Delhi for about 2 days and thereafter the applicant's cousin dropped her at the police station. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent young man aged 21 years, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Umesh Singh, Ajay Kumar Singh Counsel for Opposite Party(s) : G.A. Rahul Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home U.P. Lko. .....Opposite Party(s) 7. Learned A.G.A.-I has opposed the prayer of bail and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 01.07.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the initial statement of the victim in which she has not levelled any allegation against the victim; that in the subsequent statement recorded under Section 183 BNSS, the victim has alleged that the applicant had abducted her by threatening her mother at gun point while there is no allegation in this affect in the F.I.R. lodged subsequently and that the applicant is a young man aged 19 years, having no criminal history and he is languishing in jail since 01.07.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant - Rahul 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. September 25, 2025 S. Shivhare BAIL No. 9196 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench