BAIL/30221/2025 of VISHAL YADAV Vs STATE OF U.P. AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30221 of 2025 Court No. - 65 (Sl. No. 132 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 8.9.2025. 2. Heard Ms. Jyoti Giri and Sri  Rizwan Ahamad, learned counsels for the applicant as well as Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 242 of 2025, under Sections 137(2), 87, 64(1) BNS and 5L/6 POCSO Act, Police Station Handia, District Prayagraj, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case.  The victim is not pregnant, as is evident from her medical report. She has refused her medical examination. She is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she had gone with the applicant out of her own sweet will.  5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 4.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but could Versus Counsel for Applicant(s) : Jyoti Giri, Prashant Singh, Rang Raj Giri, Rizwan Ahamad Counsel for Opposite Party(s) : G.A. Vishal Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no medical corroboration of the incident and the statement of the victim recorded u/s 183 BNSS, whereby she seems to be consenting party 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. 8. Let the applicant- Vishal 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. April 2, 2026 Shalini BAIL No. 30221 of 2025 2 (Krishan Pahal,J.)