Sachin Yadav v. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30933 of 2026

Sachin Yadav

	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: P.K. Upadhyay, Vikram Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 67

HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri P.K. Upadhyay, learned counsel for the applicant, Sri Shiv Dutt Shukla, learned AGA for the State-respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 156 of 2026 under Sections 64, 76, 351(3), 352 BNS, registered at Police Station Gaurabadshahpur, District Jaunpur during pendency of the trial.

3. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case and the victim is major aged about 25 years. It is further submitted that on the date of registration of the FIR, a dispute arose between the applicant and the first informant and the applicant was challaned by the SDM under sections 170/126/135 BNSS. It is next submitted that on perusal of the statement of the victim recorded under sections 180 and 183 BNSS, it appears that she was in consensual relationship with co-accused Nikhil Nishad as she has stated in her statement under section 180 BNSS that she wants to marry him. It is further submitted that medico-legal report of the victim does not support the allegation of rape on her and no video or photograph as alleged has been found during the investigation. It is further submitted that applicant has criminal history of one case and he has been languishing in jail since 04.8.2026. It is also submitted that the applicant