ARVIND @ ARVIND KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 5 OTHERS
ABAIL/760/2025 · 2025-07-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149438 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149438 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 760 of 2025 Applicant :- Arvind @ Arvind Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 5 Others Counsel for Applicant :- Shipra Singh,Abhay Sagar Singh,Siddhartha Shakya Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present application for anticipatory bail has been filed for protection in regard to F.I.R. No. 314/2024, under Sections 354D/506/507 IPC and Section 9/10 of POCSO Act, P.S. Kotwali Dehat, District Bahraich. Heard learned counsel for the applicant as well as the learned Additional Government Advocate for the State. Despite service of notice, as informed by the learned AGA, none appears on behalf of the complainant.
Learned counsel for the applicant submits that the applicant is a student and has been falsely implicated, with the FIR having been lodged after an unexplained delay of two months. Perused the record. A perusal of the statements of the victim recorded under Sections 161 and 164 Cr.P.C. reveals that the victim, a minor girl aged 16 years, has supported the prosecution version. She has made specific allegations against the applicant. The case involves offences under the POCSO Act. The contention of
learned counsel for the applicant that the relationship was consensual is misconceived, as a girl aged 16 years is legally incapable of giving any consent. It does not appear to be a case of false implication. Furthermore, the offences alleged are punishable with imprisonment extending up to seven years. The
charge sheet has already been filed and there appears to be no apprehension of arrest. In light of the above observations, this Court does not find it a fit case to grant anticipatory bail. Accordingly, the anticipatory bail application stands rejected. However, it is provided that in case a regular bail application is filed within ten days from the date of receipt of a certified copy of this order, the same shall be considered and decided in accordance with the law laid down by the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021, decided on 07.10.2021.
Order Date :- 10.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench