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2025 DAILYLAW 186816 (ALL)

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

BAIL/12044/2025 · 2025-12-04

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. - 12044 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. Shri Shishir Pradhan who appears for the informant. 2. The accused-applicant seeks bail in FIR/Case Crime No.269 of 2025 under sections 65(1), 74, 351(3), 352, 126(2) BNS, 5/6 POCSO Act, P.S. Gurubuxganj, District Rae Bareli. 3. In terms of the FIR, allegations were levelled that the informant is aged about 18 years and on 06.09.2025, when the informant was going towards the agricultural field to supply food to her mother, the applicant caught hold of her hand with ill-will and forced to form physical relations. Subsequently, allegations of hurling abuses were levelled against the applicant also. In the statement under section 183 BNSS, the victim alleged the FIR version and also stated that in the year 2020 also, physical relations were formed. The victim has refused to undergo medical examination. 4. Considering the fact that the victim has refused to undergo medical examination and there is no material apart from the statement to corroborates the allegation, as such, the applicant who is in custody since 18.09.2025 and has no criminal history except one case in which the applicant has not even been summoned, the applicant is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Manish Yadav be released on bail in aforesaid Versus Counsel for Applicant(s) : Sudheer Kumar Mishra Counsel for Opposite Party(s) : G.A. Manish Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the 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. December 4, 2025 VNP/- BAIL No. 12044 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench