Arun Singh Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Arun Singh Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Arun Singh ordered released on bail in Case Crime No.0417 of 2024 on furnishing a personal bond and two sureties each in the like amount, subject to conditions: (i) shall not tamper with prosecution evidence; (ii) shall not pressurize prosecution witnesses; (iii) shall appear on each and every date fixed by the trial court unless exempted by the learned trial court.

Issue for consideration

Whether the applicant, accused in Case Crime No.0417 of 2024 (P.S. Reusa, District Sitapur) under Sections 87, 65(1), 351(3) B.N.S. and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012, should be enlarged on bail.

Court's answer

Prima facie, the victim has married the applicant; the applicant has no previous criminal history and is languishing in jail since 05.10.2024; the investigation already stands concluded. Without making any observation affecting the merits, these facts are sufficient to make out a case for enlargement of the applicant on bail.

Ratio / Principle

The bail application is allowed and the applicant-Arun Singh is to be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) not tampering with prosecution evidence; (ii) not pressurizing prosecution witnesses; and (iii) appearing on each and every date fixed by the trial court unless exempted.

Detailed headnote1 paragraphs

Bail allowed (Subhash Vidyarthi, J.; order dt. 5.5.2025; Neutral Citation 2025:AHC-LKO:25899). Applicant sought bail in Case Crime No.0417 of 2024, P.S. Reusa, District Sitapur, under Sections 87, 65(1), 351(3) B.N.S. and Sections 3/4 of the POCSO Act, 2012, arising from an F.I.R. of 07.08.2024 alleging enticement of the informant's daughter aged about 19 years on 06.08.2024. The victim's Section 180 BNSS statement said she went of her own freewill and married the applicant; her Section 183 BNSS statement alleged threat but conceded she raised no voice on the way or before the Registrar and never stated the marriage was forcible; she declined medico-legal examination. An Arya Samaj Mandir marriage certificate was annexed; the applicant has no criminal history; the State's counter affidavit enclosed a charge sheet dated 02.11.2024; the applicant was in custody since 05.10.2024. Holding these prima facie facts sufficient, and expressly without prejudice to the merits, the court allowed bail on a personal bond and two sureties each in the like amount, with conditions against tampering with evidence, pressurizing witnesses, and requiring attendance on all trial dates.

Neutral Citation No. - 2025:AHC-LKO:25899

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11988 of 2024

Applicant :- Arun Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko And 3 Others Counsel for Applicant :- Mani Singh,Prince Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Prince Singh, learned counsel for the applicant, Sri Ajeet Singh, learned Counsel for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.0417 of 2024, under Sections 87, 65(1), 351(3) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Reusa, District Sitapur.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.08.2024 against the applicant and one Nankai alleging that the applicant had enticed away the informant's daughter aged about 19 years on 06.08.2024.

In the statement of the victim recorded under Section 180 BNSS she stated that she had gone with the applicant out of her own freewill and she has married him.

The victim declined to undergo medico legal examination.

In the statement of the victim recorded under Section 183 BNSS she stated that she had gone with the

applicant due to threat extended by him but she further stated that she did not raise her voice on the way as well as before the Registrar and she did not state that the applicant was marrying her forcibly.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. A copy of the marriage certificate issued by Arya Samaj Mandir has been annexed with the bail application.

The State has filed a counter affidavit annexing therewith copy of material collected during investigation and a copy of charge sheet dated 02.11.2024.

Having considered the aforesaid facts and circumstances of the case prima facie it appears that the victim has married the applicant; that the applicant has no previous criminal history and he is languishing in jail since 05.10.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Arun Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi, J.)

Order Date :- 5.5.2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench