Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 181661 (ALL)

ARSHAD v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

BAIL/949/2025 · 2025-11-11

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 949 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 760 of 2024, under sections 65(1), 351(3), 352 BNS, Sections 4(2) POCSO Act, P.S. Kotwali Sadar Lakhimpur, District Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that wrong was committed on the daughter of the informant aged bout 14 years on 20.9.2024. Subsequently in her statement under Section 180 BNSS the victim did not support the prosecution story and stated that she was in love with the applicant and wanted to marry him. The tentative age of the victim is around 16 years. Medical report on record does not corroborate the allegations. 4. Learned AGA has opposed the bail application. 5. Considering the statement and the medical not corroborating the allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 5.10.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Arshad be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: Versus Counsel for Applicant(s) : Narendra Gupta, Dr. Shailendra Sharma, Shitesh Jha Counsel for Opposite Party(s) : G.A. Arshad .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And 3 Others .....Opposite Party(s) (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 11, 2025 J. K. Dinkar BAIL No. 949 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench