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2025 DAILYLAW 191373 (ALL)

ANKIT KUMAR NISHAD v. STATE OF U.P. AND 3 OTHERS

BAIL/24944/2025 · 2025-10-08

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24944 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Ravish Kumar Singh, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, seeking enlargement on bail in Special Sessions Case No. 1003 of 2024 (State Vs. Ankit Kumar Nishad), under Sections 363, 366, 342, 328, 354-Kha, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station Jhunsi, District Prayagraj. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.02.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 31.01.2024 has been lodged against the applicant with allegation that applicant has enticed away the daughter of first informant. The F.I.R. has been lodged after two days of the alleged incident after manipulation. Learned counsel for the applicant submits that victim has refused to medically examined herself. There are contradictions between the statements of the victim Versus Counsel for Applicant(s) : Ravish Kumar Singh, Shesh Mani Pandey Counsel for Opposite Party(s) : G.A. Ankit Kumar Nishad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) recorded under Sections 161 & 164 Cr.P.C. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ankit Kumar Nishad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 9, 2025 Vibha Singh BAIL No. 24944 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad