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2025 DAILYLAW 117615 (ALL)

ARVIND KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/497/2025 · 2025-09-19

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 497 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ashish Kumar, learned counsel for the applicant, Shri Manish Kumar Pandey, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.130 of 2024, under Sections 363, 366, 368 I.P.C. and Sections 16/17 of POCSO Act registered at Police Station Baldirai, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.05.2024 against four persons, not including the applicant, stating that co- accused Anuj had enticed away the informant's daughter aged 17 years and 4 months. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit annexing therewith copies of the materials collected during the investigation and a copy of the charge sheet dated 22.01.2025. However, the statements of the victim have not been annexed with the counter affidavit. 6. The applicant has filed a supplementary affidavit and a rejoinder affidavit. 7. Statements of the victim have been brought on record along with supplementary affidavit but that is an incomplete statement. Versus Counsel for Applicant(s) : Ashish Kumar Counsel for Opposite Party(s) : G.A., Kaushal Kumar, Vinod Kumar Tiwari Arvind Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 8. In the statement of victim recorded under Section 164 Cr.P.C., she stated that she had gone with co-accused Anil and she did not level any allegation against the applicant. 9. Co-accused Anil has already been granted bail by means of an order dated 11.08.2025 passed by a Co-ordinate Bench of this Court in Bail Application No.7338 of 2025. Another co-accused persons Rajeshwari has also been granted bail by means of an order dated 26.08.2025 passed by this Court in Bail Application No.7982 of 2025. 10. The learned A.G.A. has stated that the statement of the victim recorded under Section 161 Cr.P.C. is not available in the case diary provide to him. 11. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant also on bail in the aforesaid crime. 12. Accordingly, this bail application stands allowed. 13. Let the applicant - Arvind Kumar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 19, 2025 S. Shivhare BAIL No. 497 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench