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2025 DAILYLAW 203034 (ALL)

SATUL YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

BAIL/975/2025 · 2025-11-12

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 975 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Harsh Vardhan Singh, learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 326 of 2024, under sections 75(2) BNS and Sections 11/12 POCSO Act, P.S. Tikait Nagar, District Barabanki. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 6 years was playing when the applicant called her and showed her his private parts because of which she got afraid and ran away. No allegations of rape was levelled. In the statement under Section 180 BNSS similar statement were given. However in the statement under Section 183 BNSS allegations of touching private parts were also levelled. The victim refused to undergo medial examination. Considering the FIR and the statement prima facie allegations of penetrative sexual assault as defined under Sections 3/5 POCSO Act is missing. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 8.10.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Farooq Ayoob, Avanish Kumar Yadav, Harsh Vardhan Singh, Jyoti Singh Counsel for Opposite Party(s) : G.A. Satul Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) 6. Let the applicant Satul 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 12, 2025 J. K. Dinkar BAIL No. 975 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench