Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17399 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Bhaskar Bhadra, learned counsel for the applicant, Sri Ashwini Kumar Tiwari, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.36 of 2025, under Sections 74, 333, 78(2) B.N.S. and Section 7/8 of POCSO Act, Police Station-Aata, District-Jalaun, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is a case of outraging the modesty only and there is no injury to support the prosecution story. The FIR is delayed by one day and even the time of offence is not mentioned in the FIR. The victim by her looks seems to be major although she is aged about 16 years old as per her High School Certificate. There is no criminal history of the applicant. The applicant is languishing in jail since 01.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the there is no injury to support the prosecution story coupled with the fact that FIR is delayed by about one day, and without expressing any opinion on the merits of the case, the Court is of the view that the Versus Counsel for Applicant(s) : Bhaskar Bhadra, Rajveer Chaurasiya Counsel for Opposite Party(s) : G.A. Neetu Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Neetu 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. 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.
September 12, 2025 Karan BAIL No. 17399 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad