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2025 DAILYLAW 167944 (ALL)

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

BAIL/11721/2024 · 2025-03-21

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16426 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11721 of 2024 Applicant :- Raju Yadav @ Krishna Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Shashank Shukla,Prachi Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shashank Shukla, learned counsel for the applicant, Shri Satendra Srivastava, learned A.G.A. 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.224 of 2024, under Sections 137(2), 87, 65(1) B.N.S. & 3/4 of P.O.C.S.O. Act registered at Police Station- Jarwal Road, District- Bahraich. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 20.08.2024 implicating one Virendra on the basis of suspicion, alleging that the informant's daughter aged about 16 years had gone away from her home at about 08:00 PM on 18.08.2024, she took Rs.65,000/- cash and some jewellery with her and the informant apprehended that the named accused Virendra had enticed her away. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she stated that she had gone away from her home, she met one Munsif outside the village and went to Delhi with him. She had brought Rs.65,000/- and some jewellery from her home which she gave to Munsif. She knew the applicant since before and met him in Delhi. Munsif asked her to marry the applicant and, thereafter, she married the applicant. In the medico-legal examination of the victim, no mark of injury or sign of use of force has been found. The age of the victim has been opined to be 15-16 years as per her medico-legal examination report. 5. In the statement of the informant recorded under Section 183 B.N.S.S., she alleged commission of rape by Munsif while she was travelling to Delhi by Bus. She did not level allegation of commission of any misdeed by the applicant. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 22 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in her statements, the victim has not levelled any allegation of commission of any misdeed by the applicant, 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- Raju Yadav @ Krishna 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. . [Subhash Vidyarthi, J.] Order Date :- 21.3.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench