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2025 DAILYLAW 2750 (ALL)

ARVIND PASWAN @ DHAHI v. STATE OF U.P. AND 3 OTHERS

BAIL/14961/2025 · 2026-05-11

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14961 of 2025 Court No. - 65 (Sr. No.51 out of 243) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. The original ossification test report has been received, and as per the said report, the victim is 20 years old. 2. Heard Sri Mohd. Umar Farooq, learned counsel for the applicant, Sri Abhinav Mishra, Advocate holding brief of Sri Deepesh Kumar Ojha, learned counsel for the informant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.55 of 2025, under Sections 137(2), 87, 65(1) BNS and Section 5L/6 POCSO Act, Police Station Reoti, District Ballia, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party, as she had travelled with the applicant all the way to Bihar and established relationship out of her own sweet will. She did not raise any alarm whatsoever. The applicant has no criminal history and is in jail since 17.02.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application but could not dispute the Versus Counsel for Applicant(s) : Indra Deo Yadav, Jamil Ahamad Azmi, Mohd Umar Farooq, P.K. Upadhyay, Vikram Yadav Counsel for Opposite Party(s) : Chandan Yadav, Deepesh Kumar Ojha, G.A. Arvind Paswan @ Dhahi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 BNSS, which indicates her consent, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Arvind Paswan @ Dhahi, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. 9. The original ossification test report received shall be returned to the office of the C.M.O. concerned after retaining the photostat copies of the same on record. May 12, 2026 (Ravi Kant) BAIL No. 14961 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad