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2025 DAILYLAW 1711 (ALL)

NIKHIL PRASAD v. STATE OF U.P. AND 3 OTHERS

BAIL/26365/2025 · 2026-04-01

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26365 of 2025 Court No. - 65 (Sl. No. 118 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 27.07.2025 but none is present on behalf of the informant. 2. Heard Sri Abrendra Patel, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 129 of 2025, under Sections 137(2), 115(2), 64, 351(3) of BNS and Sections 3/4 of POCSO Act, Police Station - Kaptanganj, District - Kushinagar, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that the statement of the victim recorded u/s 183 BNSS indicates her consent. As per ossification test report, she is aged about 20 years. Moreover, there is no medical evidence on record to corroborate the alleged incident. 5. Without expressing any opinion on the merits of the case, prima facie the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. 6. Let the applicant- Nikhil Prasad, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not Versus Counsel for Applicant(s) : Abrendra Patel, Rajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Nikhil Prasad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 2, 2026 Siddhant BAIL No. 26365 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad