Allahabad High Court
AMAN NISHADversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the basis of prima facie considerations.
Summary
Aman Nishad was arrested in connection with a case involving alleged offences under the Indian Penal Code, the POCSO Act and the SC/ST Act. He applied for bail, claiming innocence, arguing that the victim's statement was unreliable, the FIR was filed a day after the alleged incident, and there was no medical evidence. The State opposed bail, but the court noted the delay in filing the FIR and the absence of medical corroboration as factors favoring bail. Without passing on the merits, the court found that prima facie the applicant had a case for bail. Consequently, the court granted bail on condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial given the nature of the offences and the evidentiary circumstances.
Legislation cited
- Indian Penal Code — s. 333, 351(3), 352, 64(1)
- Protection of Children from Sexual Offences Act — s. 3, 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)द, 3(1)ध, 3(2)(Va)
Subjects
- bail
- criminal procedure
- delay in FIR
- lack of medical evidence
- POCSO Act
- SC/ST Act
- prima facie
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29772 of 2026
Aman Nishad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Nath Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.56 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the
informant has been served on 13.8.2026.
2. Heard Sri Amar Nath Tiwari, learned counsel for the applicant, Sri Anit
Kumar Shukla, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.56 of 2026, under Sections 64(1),
352, 351(3), 333 BNS, Section 3/4 POCSO Act and Section 3(1)द, 3(1)ध,
3(2)(Va) SC/ST Act, Police Station Jhangha, District Gorakhpur, 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
statement of victim cannot be believed as narrated by her. There is no sign of
any struggle by her. The FIR is delayed by about one day and there is no
explanation of the said delay caused. There is no medical corroboration of
the alleged incident either. The applicant has no criminal history and is in
jail since 31.3.2026. He undertakes to cooperate with the trial and not misuse
the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
BAIL No. 29772 of 2026
2
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 delay in institution of FIR coupled with the fact that there
is no medical corroboration of the alleged incident, 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- Aman Nishad, be released on bail in the
aforementioned case crime 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.)
September 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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