Allahabad High Court
NIHAL SINGHversusSTATE OF U.P.AND 3 OTHERS
- Decided
Holding
The applicant is entitled to bail, subject to the conditions imposed by the court.
Summary
The High Court of Allahabad considered a bail application filed by Nihal Singh, who was arrested in a gang‑rape case involving a minor girl aged 15‑17 years under Section 70(2) of the Bail and Surrender Act and Sections 5(g) and 6 of the POCSO Act. The applicant claimed false implication, lack of conclusive medical evidence, and a clean criminal record, while the State highlighted the seriousness of the alleged offence. After reviewing the facts, the court noted the precedent set by the Supreme Court in Kapil Wadhawan v. CBI and the Allahabad High Court’s own guidelines in Maya Tiwari v. State of U.P., as well as concerns about jail overcrowding. Without expressing an opinion on the merits, the court held that the applicant was entitled to bail, subject to strict conditions. The bail was consequently granted with a personal bond, sureties, and compliance directives for verification and prompt release.
Issues considered
- Whether bail should be granted to an accused in a gang‑rape case involving a minor under the POCSO Act and the Bail and Surrender Act.
- Whether the lack of conclusive medico‑legal evidence and the applicant’s clean record justify bail despite the seriousness of the offence.
- Whether the principles laid down in Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P. apply to the present bail application.
Legislation cited
- Bail and Surrender Act — s. 70(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 5(g), 6
Subjects
- bail
- POCSO Act
- gang rape
- minor victim
- overcrowded jails
- bail jurisprudence
- medical evidence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24775 of 2026
Nihal Singh
.....Applicant(s)
Versus
State Of U.P.And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Sengar, Gunjan Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Miss. Gunjan Yadav, learned counsel for the applicant and Sri
B.P. Maurya, 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. 0113 of 2026, under Section 70(2) of
BNS and Section 5(g)/6 of POCSO Act, Police Station Bithoor, District
Kanpur Nagar, during the pendency of the trial.
3. At the very outset, learned AGA submits that notice has been served on
the first informant.
4. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and co-accused
Billu@Nitesh Dubey has already been granted bail by this Court vide
order dated 4.8.2026 passed in Criminal Misc. Bail Application No.
24801 of 2026. It is further submitted that the age of the victim has been
found to be 17 years as per her radio-logical examination and 15 years as
per her certificate of Class 8th, however, there is no High School
certificate or the certificate of school first attended. It is further submitted
that the medico-legal report of the victim does not support the
commission of rape on her. It is also submitted that the applicant has
been languishing in jail since 28.3.2026 and he is having no criminal
history. It is lastly submitted that in case the applicant is granted bail, he
will not misuse the liberty of bail and would cooperate in the trial
proceedings.
BAIL No. 24775 of 2026
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5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail,
however, it is submitted that the the victim is a minor girl aged about 17
years as per her radio-logical examination and 15 years as per her
certificate of Class 8th.
6. As per the allegation in the FIR, the applicant and two other co-
accused are said to have committed gang rape on the victim aged about 15
years. The age of the victim has been found to be 17 years as per her
radio-logical examination and 15 years as per her certificate of Class 8th,
however, there is no High School certificate or the certificate of school
first attended and the medico-legal report of the victim, which has been
conducted on the next day of incident, does not support the commission
of rape on her. Co-accused Billu@Nitesh Dubey has already been granted
bail by this Court vide order dated 4.8.2026 passed in Criminal Misc. Bail
Application No. 24801 of 2026. The applicant has been languishing in
jail since 28.3.2026 and he is having no criminal history.
7. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
8. Accordingly, the present application is ALLOWED.
9. Let the applicant- Nihal Singh involved in the aforementioned crime
be released on bail, on his furnishing a personal bond and two sureties
each in the like amount, to the satisfaction of the court concerned, with
the following conditions:-
(i) The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
BAIL No. 24775 of 2026
3
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
10. In case of breach of any of the above conditions, it shall be a ground
for cancellation of bail.
11. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
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.
13. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 8, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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