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2025 DAILYLAW 175106 (ALL)

ALOK KUMAR @ LALIT YADAV AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

BAIL/12920/2025 · 2025-12-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12920 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seek enlargement on bail in FIR No. 241 of 2025, under sections 64(1) BNS, Section 3(2)(v-a) SC/ST Act, Sections 3/4 POCSO Act, P.S. Rampur Kalan, District Sitapur. 3. Learned counsel for the applicants argues that in terms of FIR it was alleged that daughter of the informant aged about 16 years used to talk to the accused named in the FIR who used to misbehave with her. Subsequently some inappropriate videos were made viral. In her statement under Section 180 BNSS the victim stated that she used to call to the applicant on telephone and thereafter about 3 to 4 months ago the applicant no. 1 called her and physical relation was formed with her. Subsequently after 5 to 6 days thereafter applicant no. 2 also found physical relation with her and now some videos were made viral. The tentative age of the victim is around 16 years. 4. Learned AGA has opposed the bail application. However, he states that the victim refused to undergo medical examination. 5. Considering the fact that no specific date of forming physical relation against the consent of the victim has been mentioned and the victim refused to undergo medical examination as well as the statements prima Versus Counsel for Applicant(s) : Anshuman Singh, Himanshu Pathak, Vipul Singh Counsel for Opposite Party(s) : G.A. Alok Kumar @ Lalit Yadav And Another .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) facie do not suggest use of force, however, without commenting upon the merits of the case, the applicants who are in jail since 9.11.2025 and have no criminal history are entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicants Alok Kumar @ Lalit Yadav and Abhay Yadav @ Deepak Yadav be released on bail in aforesaid FIR number on their furnishing personal bonds with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. December 18, 2025 J. K. Dinkar BAIL No. 12920 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench