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2025 DAILYLAW 90017 (ALL)

ARVIND VISHWAKARMA v. STATE OF U.P. AND 3 OTHERS

BAIL/29634/2025 · 2025-09-24

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. - 29634 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned A.G.A. has informed that notice to the informant has been served on 26.8.2025. 2. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.224 of 2024, under Section 506 I.P.C., Section 13 of POCSO Act and Section 67 of IT Act, Police Station- Mughalsarai, District- Chandauli, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established illicit relationship with the daughter of the informant on the pretext that he shall make her indecent photographs viral on social media. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false and he has nothing to do with the said offence. There is no recovery of any photographs whatsoever. 6. Learned counsel for the applicant has further stated that the said photographs are stated to have been exchanged between several hands, but it has not been recovered, as such, it is a clear cut case of false implication. The victim has categorically stated that she herself got her photographs clicked and it was not the applicant but it was her neighbour. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 23.7.2025 and he is ready to cooperate with trial. In case, the applicant Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Arvind Vishwakarma .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no recovery of any photograph whatsoever, 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. 10. Let the applicant- Arvind Vishwakarma, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 25, 2025 Vikas Verma BAIL No. 29634 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad