MOHD. ARSHLAN v. STATE OF U.P. THRU. ADDL. CHIEF HOME DEPTT. LKO. AND 3 OTHERS
BAIL/8666/2025 · 2025-09-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161660 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161660 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8666 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Mohd.Zaid Khan, learned counsel for the applicant, Shri Mahendra Sinha, 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.243 of 2025, under Sections 87, 137(2) of B.N.S. and under Section 7/8 of POCSO Act, registered at Police Station Bachhrawan, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.06.2025 against the applicant, his father, mother and brother stating that the applicant had enticed away the informant's daughter aged 16 years on 08.06.2025. 4. In the statement of the alleged victim recorded under Section 180 BNSS, she stated that she is aged 18 years, she knows the applicant for the past several months, her family members wanted to get her married to some other person and, therefore, she had gone away to Delhi. On coming to know about the FIR, she came back. She categorically stated that the applicant has not committed any misdeed against her. She refused to undergo medico examination. In her statement recorded under Section 183 BNSS, the victim reiterated her earlier version and stated that no misdeed has been committed against her
5. As per High School Certificate, the date of birth of the victim is Versus Counsel for Applicant(s) : Mohd.Zaid Khan, Mohiuddin Khan Counsel for Opposite Party(s) : G.A. Mohd. Arshlan .....Applicant(s) State Of U.P. Thru. Addl. Chief Home Deptt. Lko. And 3 Others .....Opposite Party(s)
27.04.2007 and it appears that she was major on the date of the incident. 6. In the affidavit filed in support of the application, it has been stated that the applicant is the young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 7. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and charge sheet has been submitted against the applicant only on 04.07.2025. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that consistent statements of the victim wherein she has not levelled any allegation against the applicant, coupled with the fact that the applicant is the young man having no criminal history, he is languishing in jail since 27.06.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant - Mohd. Arshlan 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 15, 2025 KR BAIL No. 8666 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench