Arjun Singh v. State of U.P. and 3 Others

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49151 of 2023 Applicant :- Arjun Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged as a missing person report. Subsequently, in the statement under Section 164 Cr.P.C., the victim disclosed her age as 19 years and did not support the prosecution story and stated that she had gone out of her own freewill and had married also.

¶3Learned AGA has opposed the bail application.

¶4Considering the statement of the victim under Section 164 Cr.P.C., coupled with the fact that the applicant has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Arjun Singh be released on bail in FIR No.468 of 2023, under Section 363, 366 IPC & Section 16/17 of POCSO Act, P.S. Bhojipura, District Bareilly on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(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. Order Date :- 20.11.2023 nishant High Court of Judicature at Allahabad