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2025 DAILYLAW 203355 (ALL)

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

BAIL/12906/2025 · 2025-12-18

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. - 12906 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Pramod Kumar Verma, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.328 of 2025, under Section 137(2), 87, 65(1), 351(3) BNS & Section 5/6 of POCSO Act, P.S. Lambhuwa, District Sultanpur. 3. In terms of the FIR allegations were levelled that on 04.08.2025 daughter of the informant aged about 15 years was enticed by the applicant. Subsequently, in her statement under Section 180 BNSS, victim stated her age as 17 years and stated that she knew the applicant for the last two years and used to talk on telephone and physical relations were formed on various occasions. She also stated that the applicant used to promise to marry her and subsequently on 03.08.2025 when the parents of the victim had heard her talking on telephone, she was beaten up because of which she left home. 4. In the statement under Section 183 BNSS, the victim stated that physical relations were formed against her consent on various occasions. She also stated that on account of talking with the applicant, her parents used to beat her and on 04.08.2024 she herself went to an agricultural field and came back at 08:30 PM; she stated that she had gone out of her own free will. Threats were issued for making some video viral. There is no definite Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Pradeep Yadav @ Pradeep Kumar Yadav .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) document with regard to the age of the victim as the scholar register relied upon by counsel for the informant cannot be termed as a conclusive document to form an opinion with regard to exact age of the victim. 5. Learned AGA has opposed the bail application. 6. Considering the two statements not supporting the prosecution and the fact that the applicant has four children to take care as per counsel for the informant, the applicant who is in custody since 26.10.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Pradeep Yadav @ Pradeep 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. December 18, 2025 nishant BAIL No. 12906 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench