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

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24901 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

¶1Heard Sri Punya Sheel Pandey, learned counsel for the applicant, Sri Pradeep Kumar Pandey, Advocate holding brief of Sri Sushil Kumar Pandey, learned counsel for the first informant, Ms. Mayuri Mehrotra, learned State Law Officer for the State and perused the record.

¶2The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 764 of 2024, under Sections 137(2), 65(1) B.N.S. & Section 3/4 POCSO Act, Police Station Kosi Kalan, District Mathura, during the pendency of the trial.

¶3Contention of learned counsel for the applicant is that though in the FIR allegation has been made that the daughter of the first informant has been enticed away by the present applicant, but the victim in her statements recorded under Sections 180 and 183 BNSS specifically stated that she left her house on her own free will along with the applicant and she stated that she was in love and in a relationship with him, and is living as husband and wife, yet the applicant has been falsely implicated in the present case. It is also submitted that the charge has been framed in this case on 24.02.2025 but till date only one witness has been examined therefore trial is not likely to be concluded in near future. It is further submitted that the victim has denied to undergo medical examination.

¶4It is further submitted that the applicant has no criminal history. It is Versus Counsel for Applicant(s) : Punya Sheel Pandey, Rajeev Kumar Srivastava, Saagar Srivastava, Sukrampal, Tikendra Pratap Singh Counsel for Opposite Party(s) : G.A., Sushil Kumar Pandey Arvind Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 05.01.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

¶5Per contra, learned counsel for the first informant as well as learned A.G.A. for the State have vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

¶6Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, the statements of the victim recorded under Sections 180 and 183 BNSS, coupled with the refusal of the victim to undergo medical examination, as well as taking into account the fact that till date only one witness has been examined before the trial court, though the charges were framed on 24.02.2025, and keeping in view the nature of offence, evidence, complicity of the accused and taking into account the overcrowded jails and heavy pendency of criminal cases before the trial courts, as well as considering the mandate of the judgment of the Apex Court in the case of Kapil Wadhawan Vs. Central Bureau of Investigation, reported in 2025 SCC OnLine SC 3038, as well as the guidelines of this Court in the case of Maya Tiwari Vs. State of U.P., 2024 SCC OnLine All 6765, regarding grant of bail, and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed.

¶7Let the applicant-Arvind Singh, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without BAIL No. 24901 of 2025 seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶10Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.

¶11It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

¶12It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

¶13Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in

(2024) 10 SCC 685 as well as Pila Pahan@Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.

¶14Application, if any, stands disposed of. October 6, 2026 SA BAIL No. 24901 of 2025 (Arun Kumar Singh Deshwal,J.) High Court of Judicature at Allahabad