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2025 DAILYLAW 177860 (ALL)

YOGESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/11566/2025 · 2025-11-27

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11566 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.394 of 2025, under sections 65(1), 351(2), BNS, Sections 3/4 POCSO Act, P.S. Neemgown, District Lakhimpur Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 16 years being harassed by the applicant who was forcing her to marry him. No allegations of rape was levelled. However in the statement under Section 180 BNSS the victim stated that she had gone alongwith applicant on motorcycle on mamari site where physical relation were formed on false pretext of marriage. In the statement under Section 183 BNSS once again it was stated that on the false pretext of marriage physical relation were formed. The tentative age of the victim is around 16 years. There is no definite document with regard to exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the huge difference in the statements and the fact that the relationship continued for more than three months as per the statement made before medical authority, however, without commenting upon the merits of the case, the applicant who is in jail since 31.7.2025 and has no Versus Counsel for Applicant(s) : Iqbal Ali Counsel for Opposite Party(s) : G.A. Yogesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Yogesh Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 27, 2025 J. K. Dinkar BAIL No. 11566 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench