Ram Bahadur Yadav @ Chhotu vs State Of U.P .And 3 Others
- Neutral2026:AHC:105112
Ratio decidendi
The rule this decision rests on
An applicant accused under Sections 137(2), 87, 64(1) of the Bharatiya Nyaya Sanhita and Sections 3/4 of the Protection of Children from Sexual Offences Act may be granted bail during trial where the victim is 19 years of age, the victim's statement recorded under Section 183 of the Bharatiya Nyaya Sanhita indicates consent, and the victim had voluntarily gone with the applicant and married him in court, without expressing any opinion on the merits of the case or the ultimate guilt or innocence of the accused. A condition of bail that the applicant shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required may be imposed, and breach of such conditions shall entail cancellation of bail.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 19.4.2026.
2. Heard Sri Anil Kumar Pandey, learned counsel for the applicant, Sri Harsh Narayan Singh, learned counsel for the informant as well as 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. 264 of 2025, under Sections 137(2), 87, 64(1) BNS and 3/4 POCSO Act, Police Station Pailani, District Banda, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the age of the victim being 19 years; her statement recorded u/s 183 BNSS, whereby she seems to be consenting party, as she had gone with the applicant to Mahoba and married him in Court 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. Accordingly, the bail application is allowed.
5. Let the applicant- Ram Bahadur Yadav @ Chhotu, 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
6. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 6, 2026
Shalini
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