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2025 DAILYLAW 17537 (ALL)

ARSHAD v. STATE OF U.P. THOUGH IT PRINCIPAL SECRETARY (HOME)LUCKNOW AND 3 OTHERS

BAIL/4269/2025 · 2025-03-23

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42843 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4269 of 2025 Applicant :- Arshad Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow And 3 Others Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Counter affidavit filed by learned State Law Officer is taken on record. He has informed that notice to the informant has been served on 27.2.2025. 3. Heard Sri Atul Kumar, learned counsel for applicant and Sri Rajendra Prasad Singh, learned State Law Officer for the State. 4. The present bail application has been filed by the applicant in Case Crime No.25 of 2024, under Sections 137(2), 64, 351(2), 351(3) B.N.S. and 3/4 POCSO Act, Police Station- Khalapar, District- Muzaffar Nagar with the prayer to enlarge him on bail. 5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The victim has not supported the prosecution story in her cross-examination taken in court, but is intact in her examination-in-chief taken on 23.10.2024. Other witnesses have also not supported the prosecution story. There is no likelihood of conviction of the applicant in the present case. The victim seems to be a consenting party as is but evident from the circumstances. There is no criminal history of the applicant and he is languishing in jail since 31.7.2024. 6. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that examination-in-chief of the victim was intact and she has categorically allayed the allegations against the applicant. The cross-examination of the victim has been taken after a delay of three months, as such, the applicant is not entitled for bail. 7. Considering the submissions of learned counsel for the applicant and learned State Law Officer, nature of allegations, gravity of offence and all attending facts and circumstances of case, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 24.3.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad