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2026 DAILYLAW 7744 (ALL)

TUSHAR @ NIKKI v. STATE OF U.P. AND 3 OTHERS

BAIL/33252/2026 · 2026-09-17

Krishan Pahal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33252 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vishal Singh, learned counsel for the applicant and Sri Anil Kumar Shukla, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 150 of 2026, under Sections 137(2), 87, 65(1) of BNS and Sections 3/4(2) of POCSO Act, Police Station - Shahpur, District - Muzaffar Nagar, during the pendency of trial. 4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present matter. It is submitted that the victim appears to be a consenting party as is evident from her statement recorded u/s 183 BNSS which indicates that she voluntarily traveled out of her own accord using various modes of transportation and resided with the applicant at a flat. Even the victim has not leveled any allegations of sexual assault or exploitation against the applicant. It is further submitted that the applicant is a 20-year-old youth with no prior criminal history, and given that he has been in judicial custody since 01.06.2026, it is prayed that he be enlarged on bail. 5. Considering the facts and circumstances of the case, the submissions advanced by the learned counsel for the parties, the nature of the offence, the severity of the prescribed punishment, and also taking into account the period of incarceration already undergone by the applicant and her statement Versus Counsel for Applicant(s) : Ravindra Pratap Singh, Vishal Singh Counsel for Opposite Party(s) : Anil Kumar Shukla, G.A., Saroj Shukla Tushar @ Nikki .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) recorded u/s 183 BNSS which indicates towards her consent, this Court, prima facie, finds it a fit case to release the applicant on bail. 6. Accordingly, the bail application is allowed. Let the applicant- Tushar @ Nikki, 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 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. September 18, 2026 Siddhant BAIL No. 33252 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad