Allowed

Arvind v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Allahabad HC10 Feb 2025BAIL/12901/2024

Case brief

AI extract

What is this about?

Bail application ALLOWED — Arvind; CRIMINAL MISC. BAIL APPLICATION No.12901 of 2024; neutral citation 2025:AHC-LKO:15975; Allahabad High Court (Lucknow Bench), Court No. 15; Judge Subhash Vidyarthi; order date 19.3.2025. Case Crime No.373 of 2023, PS Bangarmau, District Unnao; IPC Sections 323, 324, 354, 506, 376-D; FIR 26.09.2023 alleged beating only of victim (informant's sister beaten near plac

What did the court decide?

Applicant Arvind to be released on bail 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) shall n

Arvind vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:15975

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12901 of 2024

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Applicant :- Arvind Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Dharmendra Kumar Misra,Jyoti Tripathi,O.P. Tiwari,Swatantra Dev Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri O.P. Tiwari, learned counsel for the applicant, Shri Arvind Kumar Pandey, the learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.373 of 2023, under Sections 323, 324, 354, 506, 506 & 376-D IPC, Police StationBangarmau, District- Unnao.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 26.09.2023 against three persons, including the applicant, stating that the informant's sister telephonically informed him at 07:00 PM on 25.09.2023 that she was being beaten at the place of Imlia Baba. Upon reaching there, the informant found that she had received injuries in her hand inflicted by a sharp edged weapon, she had injury in his head also and a duppatta was tied around her neck. He stated that her sister had gone to give evidence against the accused persons and the accused persons had beaten her. The medico-legal examination of the victim was conducted on 26.09.2023 at about 12:05 AM. The Doctor has mentioned four injuries, three of which were simple in nature and one was kept under observation. The duration of injury was opined to be fresh. In X-ray examination, no abnormality was detected and, therefore, all the injuries remained simple in nature. In the statement of

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the victim recorded under Section 161 Cr.P.C., she stated that she had gone to give evidence against the applicant with police security but as Advocates were on strike, her statement was not recorded. The police dropped her at the gate of police station. When she was going home, the accused persons intercepted her near the place of Imlia Baba, they dragged her into bushes where she was beaten up. She fell unconscious and after regaining consciousness, she felt as if all the accused persons had raped her. The Investigating Officer has examined several independent witness, all of whom have stated that the allegation of rape has been levelled falsely because of animosity.

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The applicant is involved in another case bearing Case Crime No.583 of 2022 under Sections 504, 506, 376 IPC and 3/4 P.O.C.S.O. Act registered Police Station- Bangarmau, DistrictUnnao in which the victim is the same. The applicant has been granted bail in the aforesaid case by means of an order dated 05.05.2023 passed by this Court in Crl. Misc. Bail Application No.5985 of 2023.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the FIR the only allegation levelled is of beating and the medico-legal examination report also mentions simple injuries suffered by the victim; that the allegation of rape has been levelled in subsequent statements but there is no medical evidence to support that allegation; that the independent witnesses have stated that false allegations have been levelled against all the accused persons and there is old animosity between the parties, 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.

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Accordingly, this bail application stands allowed .

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Let the applicant- Arvind be released on bail in the aforementioned 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:-

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

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

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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[Subhash Vidyarthi, J.]

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Order Date :- 19.3.2025

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-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Arvind v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

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Arvind v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

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