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2025 DAILYLAW 59515 (ALL)

JEETU YADAV v. STATE OF U.P. AND 3 OTHERS

BAIL/17641/2025 · 2025-05-29

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93301 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17641 of 2025 Applicant :- Jeetu Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Pati Tiwari,Shubham Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned State Law Officer has informed that notice to the informant has been served on 17.05.2025. 3. Heard Sri Shubham Singh, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 155 of 2025, under Sections 137(2), 87, 64(1) B.N.S. and Section 3/4 POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Ajeetmal, District Auraiya, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. Learned counsel for the applicant has further stated that the victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. The victim by her looks seems to be major. As per the ossification test report her age has come out to be 21 years old. 6. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that there is no medical corroboration of the incident and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Jeetu Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 30.5.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad