Allahabad High Court

KAUSHAL SINGHversusSTATE OF U.P.

Decided: 4 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court granted bail to the applicant, finding no impediment to his release.

Summary

The High Court considered a bail application filed by Kaushar Singh under Section 61(2) of the B.N.S. 2023 and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956. The applicant claimed false implication and pointed out that similarly situated co‑accused had already been released on bail in separate applications. The State could not dispute the earlier bail orders but argued against release. The Court noted the applicant’s clean record, the absence of any allegation of forcing a woman or minor into the alleged flesh‑trade, and the precedent of bail granted to the co‑accused. Accordingly, the Court ordered the applicant’s release on bail subject to standard conditions.

Issues considered

Whether the applicant, charged under ITPA 1956, is entitled to bail despite the seriousness of the alleged offence.
Whether the grant of bail to similarly situated co‑accused mandates the same relief for the applicant.
Whether the absence of any allegation of forcing a woman or minor influences the bail decision.

Legislation cited

B.N.S., 2023 — s. 61(2)
Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5

Subjects

bail
Immoral Traffic (Prevention) Act
Section 61(2) B.N.S. 2023
co‑accused precedent
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15114 of 2026

Kaushal Singh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ramesh Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.27 of 2026, under Section 61(2) of
B.N.S. 2023 and Section 3/4/5 of Immoral Traffic (Prevention Act) 1956
(ITPA), Police Station- Kotwali, District- Moradabad.

3. The Learned counsel for the applicant has submitted that the applicant
has been falsely implicated in the present case. The allegation pertains to
the purported arrest of the applicant along with 13 other accused
individuals, who are alleged to have been involved in flesh trade
activities. The Learned counsel for the applicant further contends that for
the offences alleged against the applicant, the maximum punishment
prescribed is seven years. He contends that no minor or any woman was
being forced against his/her will to participate in crime in question. The
Learned counsel for the applicant further contends that the similarly
situated co-accused viz. Roli Pathak, Sunita Kaur @ Soniya and Rehan
have been granted regular bail by this Court vide its orders dated
30.04.2026, 4.5.2026 and 1.5.2026 passed in Criminal Misc. Bail
Application No. - 14432 of 2026 (Roli Pathak Vs. State of U.P.), Criminal
Misc. Bail Application No. - 14798 of 2026 (Sunita Kaur Vs. State of U.P.)
and Criminal Misc. Bail Application No. - 14709 of 2026 (Rehan Vs.
State of U.P.), respectively The case of the applicant stands on a similar
BAIL No. 15114 of 2026
2

footing to that of the co-accused, therefore, similar indulgence may also
be granted to the applicant. The applicant is in jail since 22.03.2026.

4. The Learned A.G.A. has opposed the prayer for grant of bail, however,
could not dispute the fact that similarly situated co-accused have already
been enlarged on bail by this Court.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.

6. The applicant has no criminal antecedents. Similarly situated co-
accused have already been granted bail by this Court. The applicant is in
jail since 22.3.2026. There is no allegation of any woman or minor
children have been forced to participate in the crime in question.

7. Taking into account all the facts and circumstances of the case, I deem
it fit to enlarge the applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Kaushal Singh, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.

10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.
BAIL No. 15114 of 2026
3

11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.

(Rajiv Lochan Shukla,J.)
May 5, 2026
Sachin

Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad

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