BAIL/574/2026 of MONU YADAV Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 574 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 251 of 2025, under Sections 140(4), 351(3) of B.N.S., Police Station- Belghat, District- Gorakhpur.  3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has been named in the FIR with the allegations of sexual assault with the victim who is supposed to be a mentally disabled man aged about 19 years. Learned counsel for the applicant contends that the First Information Report has been lodged with a delay. The applicant has no criminal antecedents and is in jail since 26.11.2025. He further contends that a compromise has already been executed between the alleged abductee and the applicant. It is further submitted that in case, the applicant is granted bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings. 4.  Learned A.G.A. has vehemently opposed the prayer for bail and contended that the offence alleged against the applicant is non-compoundable. He further submits that the applicant has been specifically named in the FIR, with allegations of sexual assault having been made against him. However, he could not point out any criminal antecedents of the applicant. 5. I have considered the submissions made by the Learned counsels for the parties and perused the record.  6. The applicant has been in jail since 26.11.2025. The victim, who is unable to speak, has, through his actions, indicated that the applicant may have sexually assaulted him. The duration of the injuries noted in the medical examination report is stated to be approximately four days old. The FIR was lodged with some delay, and there also appears to have been a compromise between the parties. 7. Taking into consideration the entire facts including the period of detention and lack of criminal antecedents, I deem it fit to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant- Monu Yadav, involved in above mentioned case Versus Counsel for Applicant(s) : Anuruddh Chaturvedi, Munna Tiwari, Ravindra Prakash Srivastava Counsel for Opposite Party(s) : G.A. Monu Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. May 6, 2026 Fahad BAIL No. 574 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad