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2025 DAILYLAW 203295 (ALL)

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

/4119/2025 · 2025-12-12

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4119 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Ms. Anita Sahani, learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.18 of 2025, under Sections 65(1), 351(3) of BNS and Section 3/4(2) of POCSO Act, Police Station Kotwali Dehat, District Hardoi. 3. In terms of the FIR, allegations were leveled that the daughter of the informant aged about 11 years informed that on 13.01.2025 when she had gone out of home, the applicant caught hold her and wrong was committed. In the statement under Section 180 of BNSS, the victim reiterated the same version and in the statement under Section 183 of BNSS also, the same version was reiterated. The tentative age of the victim is around 15 years. The medical conducted on 15.01.2025 does not corroborate the allegation. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the medical report not corroborating the allegations and the fact that the applicant has no criminal antecedents and is languishing in jail since 15.01.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Kapil Misra, Aditya Kumar, Anita Counsel for Opposite Party(s) : G.A. Nagendra Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 4 Others .....Opposite Party(s) 6. Let the applicant Nagendra Yadav be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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 12, 2025 akverma BAIL No. 4119 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench