BAIL/41903/2025 of NITESH Vs STATE OF U.P. AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41903 of 2025 Court No. - 67 HON'BLE SAMEER JAIN, J. 1. Notice was issued to the informant on 27.11.2025. Despite service of notice none present on behalf of informant. 2. Heard Sri Madan Kumar Tiwari, learned counsel for the applicant and Sri Rajni Kant Rai, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 95 of 2025, under Sections 137(2), 65(1), 87) BNS, Section 5/6 POCSO Act,  Police Station Chandaus, District Aligarh during pendency of the trial. 4. Learned counsel for the applicant submits, applicant is innocent and on the basis of false allegation he has been made accused in the present matter. 5. He further submits, even from the statement of victim recorded under Section 180 BNSS it reflects, she herself had gone along with applicant and even from her school record she was about 17 years of age. 6. He further submits, in the statement recorded under Section 183 BNSS victim did not even disclose the name of applicant. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 08.07.2025 i.e. for last more than seven months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per school record victim was about 17 years of age but she did not disclose name of the applicant in her statement recorded under Section 183 BNSS. 11. Further, however, victim in her statement recorded under Section 180 BNSS Versus Counsel for Applicant(s) : Madan Kumar Tiwari Counsel for Opposite Party(s) : G.A. Nitesh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) disclosed the name of applicant but she categorically stated that she herself had gone along with applicant. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 08.07.2025 i.e. for last more than seven months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Nitesh be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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  any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the  bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. March 18, 2026 AK Pandey BAIL No. 41903 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad