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2025 DAILYLAW 183274 (ALL)

SUJEET YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

BAIL/526/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 526 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.372 of 2024, under Section 70(2), 115(2), 352, 351(2), 126(2) BNS, Section 5/6 of POCSO Act & Section 3(2)V of SC/ST Act, P.S. Lalganj, District Raebareli. 3. In terms of the FIR it was alleged that daughter of the informant had gone to brother-in-law's place when on the way the accused caught hold of her and beaten her very badly and also misbehaved with her; no allegation of rape was levelled. In the statement under Section 180 BNSS also, no allegation of rape was levelled. However, in the statement under Section 183 BNSS recorded on 09.08.2024 for the first time, allegation of rape was levelled. Medical report on record does not corroborate the said allegation. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the statements coupled with the fact that the tentative age of the victim is around 16 to 17 years, the applicant who is in custody since 13.08.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ashish Gulati, Abhilash Mishra, Abhishek Yadav, Archana Yadav, Prashant Kumar Singh, Sunil Kumar Maurya Counsel for Opposite Party(s) : G.A Sujeet Yadav .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Sujeet 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. October 30, 2025 nishant BAIL No. 526 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench