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2025 DAILYLAW 199849 (ALL)

ARUN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/11595/2024 · 2025-10-08

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11595 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary Affidavit filed in court is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The accused-applicant seeks bail in FIR/Case Crime No.180 of 2024 under section 376DA, 506 IPC and 5G/6 POCSO Act, P.S. Sursa, District Hardoi. 4. The FIR in question was lodged, alleging that the daughter of the informant was at home when one of the main accused Sumit, caught-hold of her and took her home and committed wrong on her. The applicant was not named in the FIR. Subsequently, in the statement under section 161 Cr.P.C, the victim stated that Sumit co-accused had taken her home and both the applicant and Sumit have committed wrong on her. The medical on record does not corroborate the allegation of any use of force. In the statement under section 164 Cr.P.C also, the victim had taken the name of the applicant. 5. The statement of the victim was recorded during the trial, which has been filed along with the supplementary affidavit, wherein it is stated that on the date of incident, the victim was alone at home and she made main allegation Versus Counsel for Applicant(s) : Arvind Kumar, Anurag Dwivedi, Pramod Kumar Khare, Rachna Shukla, Ragini Rarain, Smriti Counsel for Opposite Party(s) : G.A. Arun Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) against Sumit stating that he had dragged her. It is argued that Sumit has been enlarged on bail on the ground of juvenility. 6. Considering the huge variance in the nature of allegations and the main allegation to be against the co-accused Sumit and the medical not corroborating the allegations, the applicant who is in custody since 25.06.2024 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 7. Let the applicant Arun Kumar be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (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. October 8, 2025 VNP/- BAIL No. 11595 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench