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2025 DAILYLAW 92165 (ALL)

RAHUL SHARMA v. STATE OF U.P. AND 4 OTHERS

CRLP/19794/2025 · 2025-09-11

Santosh Rai, Siddharth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19794 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. 1. Heard, learned counsel for the petitioner; Sri S.K. Sharma, learned counsel for respondent no.3 and learned A.G.A. appearing for State-respondents and perused the material on record. 2. The present writ petition has been preferred for releasing the petitioner from jail in Case Crime No.235/2025, under Sections 87, 137(2), 65(1) of of B.N.S., 2023 and section 3/4(2) of POCSO Act, Police Station- Chandausi, District Sambhal,. 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 CJM, concerned in Case Crime No.235/2025, under Sections 87, 137(2), 65(1) of of B.N.S., 2023 and section 3/4(2) of POCSO Act, Police Station- Chandausi, District Sambhal, 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. September 12, 2025 Abhishek Versus Counsel for Petitioner(s) : Dileep Kumar Shukla, Mohit Singh, Shikhar Neelkanth Counsel for Respondent(s) : G.A., Sachin Kumar Sharma (Santosh Rai,J.) (Siddharth,J.) Rahul Sharma .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad