Allahabad High Court
VEERU YADAV ALIAS ATUL YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant on the condition of a personal bond, sureties, and compliance with stipulated conditions.
Summary
Veeru Yadav (alias Atul Yadav) applied for bail in a criminal case (Crime No. 0109 of 2025) where he is charged under Sections 74, 351(3), 65(2) of the BNS, 2023 and Sections 5m and 6 of the POCSO Act for alleged outraging modesty and rape of a minor. The applicant contended that the rape allegation was added later, that there is no medical evidence, and that he has been falsely implicated. The informant’s counsel opposed bail but could not refute the applicant’s submissions. The court, after considering the lack of medical corroboration and the prima facie nature of the case, decided that the applicant had made out a case for bail. Bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court.
Issues considered
- Whether bail should be granted to the accused in a POCSO case where the alleged rape allegation lacks medical evidence and is claimed to be a false implication.
Legislation cited
Subjects
- bail
- false implication
- minor victim
- POCSO
- medical evidence
- prima facie
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25105 of 2025
Veeru Yadav Alias Atul Yadav
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ranjit Kumar Gautam, Shobhit Yadav,
Vikrant Pandey
Counsel for Opposite Party(s) : Anil Kumar, G.A.
Court No. - 65
(Sr. No.110 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vinay Kumar, Advocate holding brief of Sri Ranjit Kumar
Gautam, learned counsel for the applicant, Sri Anil Kumar, learned counsel
for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No.0109 of 2025, under Sections 74,
351(3), 65(2) of BNS, 2023 and Sections 5m/6 of POCSO Act, Police
Station- Maudaha, District- Hamirpur, 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
allegations in the FIR were regarding outraging modesty only, and the said
allegations remained intact in the statement of the victim recorded under
Section 180 BNSS; however, subsequently, in her statement recorded under
Section 183 BNSS, the allegations of rape have been foisted upon the
applicant as an afterthought after legal consultation. There is no medical
corroboration of the incident. It is true that the victim is a minor, but it is a
clear-cut case of false implication. The applicant has no criminal history and
is in jail since 24.03.2025. He undertakes to cooperate with the trial and not
misuse the liberty of bail.
5. Learned counsel for the informant and learned A.G.A. have vehemently
BAIL No. 25105 of 2025
2
opposed the bail application but could not dispute the submissions made by
the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration that there is no medical corroboration of the incident, and
without expressing any opinion on the merits of the case, prima-facie the
Court is of the view that the applicant has made out a case for bail. The bail
application is allowed.
7. Let the applicant- Veeru Yadav Alias Atul Yadav, be released on bail
on furnishing a personal bond and two sureties to the satisfaction of the court
concerned, subject to verification of sureties, with the conditions that he
shall not tamper with evidence or intimidate witnesses and shall appear
before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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