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2025 DAILYLAW 182850 (ALL)

SANTOSH KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/10735/2025 · 2025-11-13

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. - 10735 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Ram Krishna Pratap Singh, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.474 of 2025, under Section 137(2), 64(M), 351(3) BNS & Section 5i/6 of POCSO Act, P.S. Motipur, District Bahraich. 3. In terms of the FIR it was alleged that daughter of the informant aged about 16 years was enticed by the applicant. Subsequently, in the statement under Section 180 BNSS, the victim stated that she was taken to a sugarcane field where she stayed for two days and physical relations were also formed and threats were issued. Subsequently, in the statement under Section 183 BNSS, the victim stated that she was taken to a sugarcane field and wrong was committed. 4. Learned counsel for the applicant draws my attention to the statement of one of the villagers who had stated that the applicant and the victim were in affair and when her marriage was proposed to be solemnized elsewhere the victim had run away with the applicant, however, and on account of social pressure, the applicant brought back the victim. Tentative age of the victim is around 16 years. 5. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Ashish Raman Mishra, Udit Narayan Counsel for Opposite Party(s) : G.A. Santosh Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Considering the fact that the victim stayed with the applicant for two days in a sugarcane field without raising any hue and cry, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Santosh Kumar Yadav 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 13, 2025 nishant BAIL No. 10735 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench