ARPIT @ ARPIT SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
/11322/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178732 (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. - 11322 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. In the prosecution case, it is alleged that the informant’s minor daughter, aged about 16½ years, was enticed away by the applicant on 13.05.2025. Submission of learned counsel for the applicant is that in her statement under Section 180 BNSS, the victim did not make any allegation against the applicant. In her statement under Section 183 BNSS, she stated that, being upset with her mother, she voluntarily left home on 11.06.2025. She remained with the applicant until 17.06.2025 without raising any alarm. She has not levelled any allegation whatsoever against the present applicant. It is further submitted that in her statement under Section 183 BNSS, the victim admitted having been in a relationship with the applicant for the past two years. She also refused to undergo medical examination. The applicant is in custody since 20.06.2025 and has no criminal antecedents. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the Versus Counsel for Applicant(s) : D.K. Singh Chauhan Counsel for Opposite Party(s) : G.A. Arpit @ Arpit Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
aforesaid facts as argued by the learned counsel for the applicant. Upon considering the victim’s statements recorded under Sections 180 and 183 BNSS, the element of enticement appears to be missing, and the essential ingredients of Section 87 BNS also seem to be lacking, coupled with the fact that the applicant is in jail since 20.06.2025 and has no criminal history, this Court finds it a fit case for granting bail to the applicant. Accordingly, the bail application is allowed.
Let the applicant Arpit @ Arpit Singh, involved in Case Crime No.123/2025 Under Sections 137(2), 87 BNS and Section 7/8 POCSO Act and Sections 3(2)(V) SC/ST Act, Police Station Jagatpur, District Raebareli, 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 20, 2025 R.C.
BAIL No. 11322 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench