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2025 DAILYLAW 168234 (ALL)

MONU YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LUCKNOW AND OTHERS

BAIL/11761/2024 · 2025-04-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20401 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11761 of 2024 Applicant :- Monu Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow And Others Counsel for Applicant :- Mukesh Kumar Tewari,Ram Babu Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Mukesh Kumar Tewari, 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.09 of 2024 under Sections 363, 366, 376 I.P.C. & 5(L)/6 of P.O.C.S.O. Act registered at Police Station- Safdarganj, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.01.2024 alleging that the applicant had enticed away the informant's daughter. 4. In the statements of the victim recorded under Sections 161 and 164 Cr.P.C., she stated that she knows the applicant for the past five years, she had gone with him and made physical relations with him willingly. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. Before the Doctor, the victim categorically stated that she had not been beaten or forced to do anything. The radio-logical examination was not conducted for ascertaining the age of the victim. The pathological examination report mentions absence of spermatozoa. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 24.02.2024 8. 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 of commission of any misdeed committed by the applicant and that the applicant is a young man having no criminal history and he is languishing in jail since 19.01.2024 whereas the investigation 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- Monu 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 :- 10.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench