Allahabad High Court
ADARSH NISHADversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore granted bail.
Summary
The High Court of Allahabad considered a bail application filed by Adarsh Nishad, who was charged under Sections 69, 64, 89 and 351(3) of the BNS in a case arising from an alleged consensual relationship that later turned into a criminal complaint. The victim was a 23‑year‑old woman and the applicant a 24‑year‑old man. The court observed that there was no conclusive evidence that the applicant had misled or induced the victim, and noted a three‑month delay in filing the FIR. Without passing on the merits, the court found that the applicant had established a prima facie case for bail. Accordingly, bail was granted on personal bond and two sureties, subject to standard conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether the applicant is entitled to bail pending trial in a case under Sections 69, 64, 89 and 351(3) of the BNS given the facts of a failed consensual relationship and delay in FIR registration.
Legislation cited
- BNS — s. 351(3), 64, 69, 89
Subjects
- bail
- criminal procedure
- consensual relationship
- delay in FIR
- Section 69 BNS
- Section 64 BNS
- Section 89 BNS
- Section 351(3) BNS
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16386 of 2026
Adarsh Nishad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No. 11 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Sonakshi Kashyap, Advocate holding brief of Sri Manoj
Kumar, learned counsel for the applicant and Sri Sunil Kumar, learned
A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 214 of 2026, under Sections
69, 64, 89, 351(3) of BNS, Police Station - Chiluwatal, District -
Gorakhpur, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds that
the victim is about 23 years of age and is therefore major. The applicant
himself is a 24 years old. There is no clinching or conclusive evidence on
record to suggest that the applicant misled the victim from the very
beginning or induced her under any false promise or fraud. The material
available on record indicates that what essentially remained a failed
consensual corporeal relationship has later been converted into a criminal
case against the applicant. There is an inordinate delay of three months in
lodging the FIR.
5. 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.
Accordingly, the bail application is allowed.
6. Let the applicant- Adarsh Nishad, be released on bail on furnishing a
BAIL No. 16386 of 2026
2
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.
(Krishan Pahal,J.)
May 14, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
Checking your session…