Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62371 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13355 of 2025 Applicant :- Prince Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case.
Learned counsel further submits that in the F.I.R. as well in her statements recorded under Section 161 and 164 Cr.P.C. the prosecutrix/ informant had made allegation of abducting her by the applicant and two other accused persons, but she has made specific allegation of rape against the co-accused, Vivek Yadav and she has not made any allegation of rape against the applicant. The case of the co-accused, Vivek Yadav is distinguishable from the case of the present applicant. One co-accused, Ajeet Kumar Yadav Alias Lalu, who was also named in the F.I.R. and is having similar role that has been made against the applicant, has already been enlarged on bail, therefore, the applicant may also be enlarged on bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 26.03.2025, with no criminal history. 3. Learned A.G.A. for the State has opposed the prayer for bail but he has not disputed that specific allegation of rape has been made against the co-accused Vivek Yadav. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Prince Kumar Yadav, be enlarged on bail in Case Crime No. 381 of 2024, under Sections 87, 127(4), 351(2), 140(3), 142, 123(1) of B.N.S., Police Station- Sarai Khwaja, District- Jaunpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 23.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad