Allahabad High Court
MONU YADAVversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court allowed bail, finding that the circumstances warranted release despite the non‑compoundable nature of the offence.
Summary
Monu Yadav applied for bail in a criminal case (Crime No. 251 of 2025) alleging sexual assault of a mentally disabled 19‑year‑old victim under Sections 140(4) and 351(3) of the B.N.S. The applicant claimed false implication, a delayed FIR, no prior criminal record, and that a compromise had been reached with the alleged victim. The State opposed bail, arguing that the offence is non‑compoundable and that the applicant was specifically named in the FIR. The court noted the delay in filing the FIR, the victim’s inability to speak, the four‑day‑old injuries, the alleged compromise, and the applicant’s six‑month detention without antecedents. Weighing these factors, the judge deemed it appropriate to grant bail with personal bond, sureties and strict conditions. The bail order was issued, directing the trial court to release the applicant and outlining consequences for breach of conditions.
Issues considered
- Whether bail should be granted in a non‑compoundable sexual assault case under Sections 140(4) and 351(3) of the B.N.S. given the delay in FIR and alleged compromise.
- Whether the alleged compromise affects the bail decision despite the offence’s non‑compoundable nature.
- Whether the applicant’s lack of criminal antecedents and period of pre‑trial detention justify bail.
Legislation cited
- B.N.S. — s. 140(4), 351(3)
Subjects
- bail
- sexual assault
- non‑compoundable offence
- delay in FIR
- compromise
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 574 of 2026
Monu Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anuruddh Chaturvedi, Munna Tiwari,
Ravindra Prakash Srivastava
Counsel for Opposite Party(s) : G.A.
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
BAIL No. 574 of 2026
2
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
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad
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