SADDAM @ AJMAL @ SONU YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
/11786/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180682 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180682 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11786 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.513 of 2025 under Sections 87, 137(2), 305(a), 352, 351(3) BNS, 2023, Police Station Inayat Nagar, District Ayodhya. In the prosecution case, it is alleged that the daughter of the informant was enticed away by the applicant along with the co- accused persons on 01.10.2025. Learned counsel for the applicant submits that the victim is a major and a consenting party, who of her own free will accompanied the applicant and stayed with him for several days. As per the school records, the victim is 18 years of age. It is further submitted that, in her statement recorded under Section 183 of the BNSS, the victim has not supported the prosecution case. The victim has also declined to undergo medical examination. Learned counsel further submits that the applicant has been in judicial custody since 16.10.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not Versus Counsel for Applicant(s) : Firoz Ahmad Khan, Mohd.Anas Siddiqui Counsel for Opposite Party(s): G.A. Saddam @ Ajmal @ Sonu Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. Upon due consideration of the statements of the victim recorded under Sections 180 and 183 of the BNSS and the facts that the victim is a major; her refusal to undergo medical examination; prima facie indication that the victim was a consenting party, whereby the element of enticement appears to be absent; and further considering that the applicant has no criminal antecedents and has been in judicial custody since 16.10.2025, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.
Accordingly, the bail application is allowed. Let the applicant Saddam @ Ajmal @ Sonu Yadav, involved in the aforesaid FIR/Case crime number, 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of BAIL No. 11786 of 2025 2
the trial. December 15, 2025 Madhu D.R/P.S BAIL No. 11786 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench