Allahabad High Court
NICKYversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed by Nicky, accused under Sections 351(3), 352, 64(2)Da and 333 of the B.N.S. for alleged sexual exploitation of a married woman. The applicant claimed false implication, citing contradictions in the victim's statements under Sections 180 and 183 BNSS, lack of photographic/video evidence, and an unsupportive medico‑legal report. The State opposed bail, emphasizing the seriousness of the alleged offences and the applicant's prior criminal case. Referring to Supreme Court precedents on bail, the court noted the overcrowded jails and pendency of trials, and, without addressing the merits, concluded that bail was appropriate. Consequently, the bail application was allowed subject to a personal bond, sureties, and specific conditions.
Issues considered
- Whether bail should be granted in a case of alleged sexual exploitation under Sections 351(3), 352, 64(2)Da and 333 of the B.N.S.
- Whether contradictions in the victim's statements and absence of forensic evidence justify bail
- Whether the applicant's prior criminal history precludes bail
- Whether jail overcrowding and trial pendency warrant bail
- Application of Supreme Court guidelines from Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the Policy Strategy for Grant of Bail case
Legislation cited
- B.N.S. — s. 180, 183, 333, 351(3), 352, 64(2)Da
Subjects
- bail
- sexual exploitation
- false implication
- evidentiary contradictions
- jail overcrowding
- trial pendency
- conditions of bail
- Criminal Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29427 of 2026
Nicky
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohit Kumar Singh, Sujata Choudhary
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Smt. Sujata Choudhary, learned counsel for the applicant and
Shri B.P. Singh, 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. 136 of 2026, under Sections 351(3),
352, 64(2)Da, 333 of B.N.S., Police Station Mundali, District Meerut,
during the pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that there are
material contradictions in the statement of the victim recorded under
Sections 180 and 183 BNSS. It is further submitted that the victim is a
major married lady and no photo or video as alleged has been recovered
during investigation. It is further submitted that the medico legal report
does not support the allegation of commission rape on her. It is further
submitted that the applicant is having criminal history of one case, which
has been duly explained in the supplementary affidavit already filed and
the applicant has been languishing in jail since 18.06.2026, in case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in
the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
5. As per first information report, the applicant is said to have misbehaved
BAIL No. 29427 of 2026
2
and sexually exploited the victim, who is major married lady and there are
material contradictions in the statement of the victim recorded under
Sections 180 and 183 BNSS and no photo or video as alleged has been
recovered during investigation. It is further submitted that the medico
legal report does not support the allegation of commission rape on her. It
is further submitted that the applicant is having criminal history of one
case, which has been duly explained in the supplementary affidavit
already filed and the applicant has been languishing in jail since
18.06.2026.
6. 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.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Nicky 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
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
BAIL No. 29427 of 2026
3
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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.
11. 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.
12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Meerut 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 9, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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