Vikas Yadav vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36268 of 2025

Vikas Yadav	.....Applicant(s)
Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) : Counsel for Opposite Party(s) :	Ashutosh Kumar Pandey G.A.

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Court No. - 65

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the victim had gone with the applicant out of her own free will and consent. He further submits that the victim in her statement recorded under Section 183 B.N.S.S., has specifically stated that the applicant took her and stayed with her in a hotel for ten days, where the applicant had committed upon her. Learned counsel further submitted that the applicant is aged about 22 years, whereas the victim is a married aged about 29 years, who had herself gone with the applicant out of her own free will and consent and stayed with the applicant for about ten days without raising any alarm. Learned counsel next submitted that in fact, the victim is a consenting party and that the applicant has been falsely implicated due to ulterior motive. It is thus contended that the applicant is entitled for bail.

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BAIL No. 36268 of 2025

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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 applicant is languishing in jail since 31.05.2025.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Vikas Yadav involved in Case Crime No. 73 of 2025 under Sections 115(2), 352, 351(2), 64 B.N.S., Police Station Saiyadraza, District Chandauli, be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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BAIL No. 36268 of 2025

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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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.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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November 10, 2025

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S.Ali

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(Dr. Gautam Chowdhary,J.)

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Vikas Yadav v. State of U.P.

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Vikas Yadav v. State of U.P.

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