Bail application for FIR involving kidnapping and sexual offences against a minor. The victim's Cr.P.C. statement did not support prosecution claims. Court allowed bail without commenting on merits, noting no criminal history, with standard conditions and bond requirements.
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 948 of 2025
Arvind @ Tobo
.....Applicant(s)
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s)
| Counsel for Applicant(s) | : Jayveer Rajput, Smriti |
|---|---|
| Counsel for Opposite Party(s) | : G.A. |
Court No. - 12
HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No. 147 of 2024, under sections 363, 366, 376 IPC and Sections 3/4 POCSO Act, P.S. Purwa, District Unnao.
3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant was missing and was enticed by the applicant. Subsequently in her statement under Section 164 Cr.P.C. the victim did not support the prosecution story and stated that she knew the applicant for last two months and thereafter she had gone to Ludhiana where they stayed as husband and wife. The tentative age of the victim is around 16 years.
4. Learned AGA has opposed the bail application.
5. Considering the statement of the victim, however, without commenting upon the merits of the case, the applicant who is in jail since 8.10.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Arvind @ Tobo be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/each to the satisfaction of court concerned with the following conditions:
BAIL No. 948 of 2025
2
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(Pankaj Bhatia,J.)
November 11, 2025
J. K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the applicant be granted bail under sections 363, 366, 376 IPC and Sections 3/4 POCSO given the victim's Section 164 statement not supporting the prosecution story?
3 provisions across 3 enactments
Arvind @ Tobo
State of U.P. thru Addl. Chief Secy. Home Lko.
Opposite Party 2
Opposite Party 3
Opposite Party 4
Pankaj Bhatia
As recorded by the court registry
3 orders share this CNR
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