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2025 DAILYLAW 179078 (ALL)

SHIVAM NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/10800/2025 · 2025-11-13

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10800 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.142 of 2025, under Sections 64(1), 351(2) of BNS and Section 67 of the Information Technology (Amendment) Act, 2008, Police Station Kotwali Akbarpur, District Ambedkar Nagar. 3. In terms of the FIR, it was alleged that the sister of the informant used to talk to the applicant and was also allured into love and subsequently, some inappropriate videos were made. It was also alleged that under the threat of making the videos viral, the applicant committed wrong with the victim. It was also alleged that physical relation was made several occasions and now the applicant is refusing to marry. It was also alleged that the marriage of the sister was solemnized elsewhere was also broken. In the statements under Sections 180 and 183 of BNSS, the victim admitted that under the false pretext of love physical relations were formed for the last two years. The tentative age of the victim is 25 years. The victim refused to undergo medical examination. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the age of the victim, which is around 25 years and the fact that the relationship continued over a span of two years couple with the Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Ankit Kumar Porwal, Saurabh Kumar Counsel for Opposite Party(s) : G.A. Shivam Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) fact that the applicant has no criminal antecedents and is languishing in jail since 09.03.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Shivam Nishad be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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. November 13, 2025 akverma BAIL No. 10800 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench