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Allahabad High Court

NITESH SINGHversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to bail during the pendency of the trial, subject to strict conditions.

Summary

The High Court considered a bail application filed by Nitesh Singh, who is accused in Crime No. 362 of 2025 under Sections 87, 137(2), 115(2), 352 and 351(2) of the B.N.S. The applicant claimed innocence, stating that the alleged victim voluntarily left her parental home and later returned, and that she did not support the prosecution’s case, as recorded under Section 183. The State opposed bail, alleging that the applicant had enticed away the minor daughter of the informant without consent. After weighing the nature of the offence, the victim’s statement, and the applicant’s lack of prior criminal record, the Court decided to grant bail. The bail was conditioned on a personal bond, two sureties, attendance at trial, non‑tampering with witnesses, and refraining from illegal activity, with provision for cancellation on breach.

Issues considered

  • Whether the accused is entitled to bail pending trial despite allegations of kidnapping/enticement of a minor.
  • Whether the victim’s statement under Section 183 of the B.N.S. affects the grant of bail.

Legislation cited

  • B.N.S. — s. 115(2), 137(2), 183, 351(2), 352, 87

Subjects

  • bail
  • criminal procedure
  • kidnapping
  • minor
  • Section 183
  • Section 87
  • court conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 12986 of 2026

Nitesh Singh
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)                      :   Devendra Singh
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 70
                     HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the material on record.

2. By means of this application, the applicant who is involved in Case
Crime No. 362 of 2025, under Sections 87, 137(2), 115(2), 352 and
351(2) of B.N.S., P.S. Hussainganj, District-Fatehpur, is seeking
enlargement on bail during the trial.

3. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. He next submitted that the victim, who was
alleged to have been enticed away by the applicant has not supported the
prosecution's case. She in her statement recorded under Section 183 of
the B.N.S. (Annexure-7) has categorically stated that she was in love with
the accused-applicant and she had left her parental home on her own
accord and gone to the house of the applicant at Bahrampur of her own
free will and lived there. He also submitted that the alleged victim has
come back and has reunited with her parents. He lastly submitted that the
applicant, who is in jail since 5.2.2026 and has no criminal antecedents to
his discredit, is entitled to be enlarged on bail during pendency of the
trial.

4. Learned A.G.A. has vehemently opposed the prayer for bail and
submitted that the minor daughter of the informant has been enticed away
by the applicant without her wishes and he has committed a crime by
                                                                                              BAIL No. 12986 of 2026
                                                                     2


                                    taking away the minor daughter of the informant, hence he is not entitled
                                    to be enlarged on bail.

                                    5. Keeping in view the nature of the offence, evidence, complicity of the
                                    accused, severity of the punishment, submissions of learned counsel for
                                    the parties and considering that the alleged victim has come back and
                                    staying with her parents, moreover, the victim did not support the
                                    prosecution case, while her statement was recorded under Section 183 of
                                    B.N.S., and without expressing any opinion on the merits of the case, this
                                    Court is of the view that the applicant is entitled to be enlarged on bail
                                    during the pendency of the trial.

                                    6. Let the applicant, Nitesh Singh be released on bail in the aforesaid case
                                    on his executing a personal bond and furnishing two sureties each in the
                                    like amount to the satisfaction of the court concerned subject to the
                                    following conditions:-

                                    i. The applicant will continue to attend and co-operate in the trial pending
                                    before the court concerned on the date fixed after release.

                                    ii. He will not tamper with the witnesses.

                                    iii. He will not indulge in any illegal activities during the bail period.

                                    It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    In case of breach of any of the above conditions, the trial court will be at
                                    liberty to cancel the bail.


                                                                                                (Harvir Singh,J.)
                                    April 20, 2026
                                    Faridul




Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad


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