SATYA NARAYAN NISHAD ALIAS BACCHA KEWAT v. STATE OF U.P. AND 5 OTHERS
CRLP/17120/2025 · 2025-08-13
Siddharth, Yogesh Dubey Joint Registrar Judicial
body2025
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[ 2025 DAILYLAW 83214 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 83214 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:138748-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 17120 of 2025 Petitioner :- Satya Narayan Nishad Alias Baccha Kewat Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Saket Jaiswal,Shikhar Neelkanth Counsel for Respondent :- Ashish Dwivedi,G.A. Hon'ble Siddharth,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard learned counsel for the petitioner; Sri Ashish Dwivedi,
learned counsel for the respondent no. 4 and learned A.G.A. appearing for State-respondents and perused the material on record.
2. The present writ petition has been preferred for quashing the impugned remand order dated 15.01.2025 passed by the Court of Special Judge (POCSO Act), Banda in F.I.R dated 13.01.2025 registered as Case Crime No. 08 of 2025, under Sections- 137(2), 127(2), 64, 351(3) B.N.S and Section 3/4 of POCSO Act, P.S.- Kamasin, District- Banda.
3. Learned counsel for the petitioner submits that the ground of arrest has not been mentioned in the arrest memo and, therefore, in view of the judgment of Vihaan Kumar Vs. State of Haryana, 2025 SCC Online SC 269, the remand order is not in accordance with law.
4. Accordingly, the impugned order is hereby quashed and writ petition is allowed.
5. The petitioner shall be enlarged on interim bail by the C.J.M, concerned in Case Crime No. 08 of 2025, under Sections- 137(2), 127(2), 64, 351(3) B.N.S and Section 3/4 of POCSO Act, P.S.- Kamasin, District- Banda on furnishing a personal bond of sum of Rs. 50,000/- (Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned
6. It is open for the respondents to proceed against the petitioner, in accordance with law.
Order Date :- 14.8.2025 Rohit (Jitendra Kumar Sinha,J.) (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad