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2025 DAILYLAW 24997 (ALL)

GOLU YADAV v. STATE OF U.P.

BAIL/7672/2025 · 2025-03-04

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31349 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7672 of 2025 Applicant :- Golu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kamlesh Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.554 of 2024, under Section 108 BNS, Police Station-Campierganj, District-Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits, on the basis of false allegation that due to the sexual assault made by the applicant the daughter of the informant committed suicide he has been made accused in the present matter. 4. He further submits, actually deceased and applicant both were closed friends and informant and his family members did not like their relationship and they used to scold the deceased and only due to their torture she committed suicide. 5. He further submits however entire allegation of sexual assault and torture levelled against the applicant is found false but even if allegations are accepted then also it cannot be said that due to the abetement of the applicant deceased committed suicide. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.12.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant used to torture the daughter of the informant for making physical relationship with her and therefore, she committed suicide but this court finds merit in the argument advanced by learned counsel for the applicant that even if the allegations are accepted then also at this stage it cannot be said that due to the abetement of the applicant deceased committed suicide. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 06.12.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Golu Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 5.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad