Bail application under Sections 333, 74, 75, 351(2) BNS and Section 7/8 of POCSO Act for alleged house intrusion and attempted molestation. Court noted parity with bailed co-accused and absence of criminal antecedents, and allowed bail with standard conditions.
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39624 of 2025
Arpit
.....Applicant(s)
| Versus | |
|---|---|
| State Of U.P. And 3 Others | .....Opposite Party(s) |
| Counsel for Applicant(s) | : Kapil Dev Dubey, Pratikdhar Dwivedi, Rahul Kumar |
| Counsel for Opposite Party(s) | : G.A. |
| Court No.- 68 |
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Kapil Dev Dubey, learned counsel for the applicant and Shri Puneet Kumar Singh, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Arpit with a prayer to enlarge him on bail in Case Crime No. 149 of 2025, under Sections 333, 74,75 351 (2) BNS and Section 7/8 of POCSO Act, Police Station-Hapur Nagar, District-Hapur, during pendency of trial.
Learned counsel for the applicant submits that the accused applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 16.03.2025. Learned counsel for the applicant submits that First Information Report was lodged by the first informant with the allegation that co-accused Chhotu and the applicant forcibly entered into the house of the first informant and tried to molest her. Learned counsel for the applicant further submits that the victim in her statement under Section 180 and 183 BNSS has specifically levelled allegation against the co-accused Chhotu. He further submits that main accused Chhotu has already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 17722 of 2025, vide order dated 06.06.2025. The applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact that the applicant has no criminal antecedents and the co-accused has already been granted bail.
Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail
BAIL No. 39624 of 2025
2
application is allowed.
Let the applicant- Arpit , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
December 10, 2025
Deepak/
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail in a POCSO/BNS case given the co-accused's prior bail grant.
3 provisions across 3 enactments
Arpit
State Of U.P.
Ashutosh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
