Allahabad High Court
NITIN KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
Nitin Kumar was arrested in connection with a case registered as Crime No.30 of 2026, alleged to involve offences under Sections 137(2) and 65(1) of the Indian Penal Code, and Sections 3 and 4(2) of the POCSO Act. The applicant contended that he was falsely implicated, pointing to a five‑day delay in filing the FIR and a victim’s statement that she did not know him and had travelled to Haridwar on her own. The State opposed bail but could not refute the applicant’s submissions. The court examined the material on record, including the victim’s statement recorded under Section 183 of the B.N.S.S., and concluded that a prima‑facie case for bail existed. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order expressly stated that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether the applicant is entitled to bail pending trial for offences under the IPC and POCSO Act despite the seriousness of the charges.
- Whether the delay in filing the FIR and the victim’s denial of any association with the applicant create a prima facie case for bail.
Legislation cited
- B.N.S.S. — s. 183
- Indian Penal Code — s. 137(2), 65(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4(2)
Subjects
- bail
- prima facie
- POCSO Act
- IPC sections 137 65
- FIR delay
- victim statement
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13764 of 2026
Nitin Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Yadav, Keshari Nath Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.45 out of 205)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the
informant has been served on 21.04.2026, but none is present on behalf of
the informant.
2. Heard Sri Gaurav Yadav, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.30 of 2026, under Sections 137(2),
65(1) BNS and Section 3/4(2) POCSO Act, Police Station Nagphani, District
Moradabad, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
FIR is delayed by about 5 days, and there is no explanation for the said
delay. The victim has categorically denied having gone with the applicant
and has even stated that she does not know him. She had gone on her own all
the way to Haridwar, stayed there for 4 days, and came back later on. The
applicant has no criminal history and is in jail since 26.02.2026. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 13764 of 2026
2
learned counsel for the parties, the evidence on record, taking into
consideration the statement of the victim recorded under Section 183
B.N.S.S., and without expressing any opinion on the merits of the case,
prima-facie the Court is of the view that the applicant has made out a case
for bail. The bail application is allowed.
7. Let the applicant- Nitin Kumar, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 5, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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