Allahabad High Court
NITISH KUMAR @ SITARAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed by Nitish Kumar (alias Sitaram) in a criminal case (Crime No. 349 of 2025) involving alleged offences under several IPC sections and the POCSO Act. The applicant claimed innocence, stating that the 18‑year‑old victim was a consenting party who had visited his house voluntarily, and that he had no prior criminal record. The prosecution opposed bail but could not refute the applicant's submissions. The court, after reviewing the victim's statement recorded under Section 183 of the B.N.S.S. indicating consent, found that prima facie the applicant was entitled to bail. Consequently, the court ordered his release on personal bond and two sureties, subject to standard conditions, without prejudice to the trial on merits.
Issues considered
- Whether the accused Nitish Kumar is entitled to bail during the pendency of trial despite allegations under IPC sections 137(2), 87, 65(1), 115(2), 352, 351(3) and POCSO Act sections 5 and 6.
Legislation cited
- Indian Penal Code — s. 115(2), 137(2), 351(3), 352, 65(1), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 5, 6
Subjects
- bail
- consent
- POCSO Act
- Indian Penal Code
- criminal procedure
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13868 of 2026
Nitish Kumar @ Sitaram
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ved Prakash Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.48 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 02.04.2026, but none is present on behalf of
the informant.
2. Heard Sri Ved Prakash Shukla, learned counsel for the applicant, Ms.
Archana Tiwari, learned counsel for the High Court Legal Service
Committee, Sri Deepak Kumar Singh, learned A.G.A. for the State and
perused the material placed on record.
3. Applicant seeks bail in Case Crime No.349 of 2025, under Sections
137(2), 87, 65(1), 115(2), 352, 351(3) BNS and Section 5L/6 POCSO Act,
Police Station Maharajpur, District Kanpur Nagar, 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
victim is a consenting party, as she had gone to the house of the applicant on
his calling and stayed there. She has subsequently stated that the applicant
used to drink liquor and used to beat her up. She is 18 years old as per the
ossification test report. The applicant has no criminal history and is in jail
since 04.02.2026. He undertakes to cooperate with the trial and not misuse
the liberty of bail.
5. Learned counsel for the High Court Legal Service Committee and learned
BAIL No. 13868 of 2026
2
A.G.A. have 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
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., which indicates her consent, 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- Nitish Kumar @ Sitaram, 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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