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2025 DAILYLAW 188474 (ALL)

ARVIND SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

/2914/2025 · 2025-12-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2914 of 2025 CONNECTED WITH CRIMINAL MISC. BAIL APPLICATION No. - 11784 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Statement of the victim has been handed over across the bar which is taken on record. 2. First bail application of the applicant Pairu @ Sardar was rejected by this Court on 23.07.2024. Bail application of the applicant Arvind Singh is the first bail application. As the allegations are similar, they are being decided by this common order. Versus Counsel for Applicant(s) : Alok Kumar Singh, Hari Bux Singh, Pravin Singh Counsel for Opposite Party(s) : G.A. Versus Counsel for Applicant(s) : Sanjay Kumar Sharma Counsel for Opposite Party(s) : G.A. Arvind Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) Pairu @ Sardar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow And Others .....Opposite Party(s) 3. Heard learned counsel for the applicants, learned AGA and perused the record. 4. The applicants seek enlargement on bail in FIR No.261 of 2023, under Section 363, 363A, 368, 323, 376DB, 504, 506, 120B IPC & Section 5m/6, 5g/6 of POCSO Act, P.S. Singahi, District Kheri. 5. In terms of the FIR lodged under Section 363 IPC, it was alleged that daughter of the informant aged about 7 years was abducted by one Arvind and his wife. Subsequently, the girl was found begging in Har Ki Paudi and was apprehended by the police authorities. As regards the applicant Arvind, statement was recorded wherein she stated that she was taken by Arvind and his wife and wrong was also committed. As regards the applicant, Pairu @ Sardar it was alleged that Arvind and his wife had taken the victim and were stayed for some time at the home of the applicant Pairu @ Sardar and thereafter, she was taken to Haridwar. 6. In the light of the said, submission of learned counsel for the applicants is that in terms of the statement of the victim, she has specifically stated that when she had gone alongwith Arvind and Shanti, their two children, parents, uncle had also gone alongwith them in a common vehicle. She also stated that all of them used to stay in the same room. My attention is also drawn to the statement of the informant recorded during trial wherein he has stated that he had taken the name of the applicants without knowing the correct facts and the same was given on the basis of suspicion. 7. Considering the statement of the victim as well as the informant and recorded above coupled with the fact that the applicants have no criminal antecedents and are in custody since 23.12.2023 in respect of applicant Arvind and 06.01.2024 insofar as the applicant Pairu @ Sardar is concerned, they are entitled to be enlarged on bail. In view thereof, the applications are allowed. 8. Let the applicants Arvind Singh and Pairu @ Sardar be released on bail in aforesaid FIR number on their furnishing a personal bond each with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: BAIL No. 2914 of 2025 2 (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. December 9, 2025 nishant BAIL No. 2914 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench