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2026 DAILYLAW 2545 (ALL)

BINTU KASHYAP @ TUINYA v. STATE OF U.P. AND 3 OTHERS

BAIL/14576/2026 · 2026-05-06

Yogesh Dubey Joint Registrar Judicial

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14576 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Miss Pratibha Vohra,, learned counsel for the applicant and Sri Ashish Kumar Tripathi, learned AGA for the State- respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 07 of 2026, under Sections 333, 74 BNS and Section 7/8 of POCSO Act, registered at Police Station Chandausi, District Sambhal, during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 16.3.2026. It is further submitted that present case is a counterblast to the earlier case lodged by the applicant against the first informant being Case Crime No. 555 of 2025 dated 20.12.2025. It is further submitted that general allegation of sexual harassement has been levelled against the applicant. It is further submitted that applicant is having criminal history which has been duly explained in the memo of application. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Versus Counsel for Applicant(s) : Pratibha Vohra, Rajesh Bohra Counsel for Opposite Party(s) : G.A. Bintu Kashyap @ Tuinya .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and it is submitted that notice has been served on the first informant. 5. Prior to the present case, the applicant's side has lodged an FIR against the first informant being Case Crime No. 555 of 2025 dated 20.12.2025. As per FIR, the applicant is said to have entered the house of the first informant in drunken state and has sexually harassed the minor daughter of the first informant. The applicant is having criminal history which has been duly explained in the memo of application. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant- Bintu Kashyap @ Tuinya involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with 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 not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the BAIL No. 14576 of 2026 2 witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 7, 2026 Abhishek BAIL No. 14576 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad