ABHAY KUMAR YADAV ALIAS ABHAY YADAV v. THE STATE OF JHARKHAND
B.A./8313/2025 · 2025-09-25
Anil Kumar Choudhary
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 24044 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 24044 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:30101 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.8313 of 2025
------ Abhay Kumar Yadav @ Abhay Yadav aged about 24 years, son of Mahesh Yadav, resident of Village-Khairabad, P.O.-Mandramo, P.S.- Saria, District-Giridih.
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Shree Nivas Roy, Advocate
For the State
: Mr. Shailendra Kr. Tiwari, Spl.P.P
------
Order No.02 Dated- 25-09-2025
Heard the parties.
The petitioner has been made accused in connection with Saria P.S. Case No.90 of 2025 corresponding to POCSO Case No.95 of 2025 registered for the offences punishable under Sections 64, 352 & 3(5) of the B.N.S., 2023, under Section 66 E/67/67A of the Information Technology Act and under Section 4/6 of POCSO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that, the co-accused Kapildeo Yadav was made an objectionable video recording of the minor daughter of the informant and the co-accused Kapildeo Yadav on the promise of marriage was sexually exploiting the minor daughter of the informant and having physical relationship with her, but later on Kapildeo Yadav refused to marry the daughter of the informant and the only allegation against the petitioner is that the informant suspects that the petitioner was involved in making obscene video of the daughter of the informant viral. It is submitted that the allegation against the petitioner is false. It is next submitted that the main allegation is against the petitioner. It is next submitted that there is no allegation of rape or penetrative sexual assault upon the petitioner. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para-17 of the bail application. It is next submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 27.06.2025 as
is evident from para-13 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Spl.P.P. opposes the prayer for bail.
Considering the facts of this case, the above-named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Giridih in connection with Saria P.S. Case No.90 of 2025 corresponding to POCSO Case No.95 of 2025 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case.
(Anil Kumar Choudhary, J.) 25/09/2025 Abhiraj/