Allahabad High Court
NAKULversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Nakul was arrested in a case alleging sexual harassment and threat to throw acid at a 19‑year‑old woman, under IPC sections 74, 75(2), 79, 115(2) and 351(3). The victim’s statement indicated a consensual relationship in 2022 and she refused a medical examination, while the applicant claimed he was falsely implicated and had no prior criminal record. The State opposed bail, but the court, considering the lack of substantive evidence, the applicant’s clean record, jail overcrowding, and recent Supreme Court guidelines, decided to grant bail without commenting on the merits. The bail was conditioned on personal bond, sureties, and compliance with several conduct clauses. The order also directed verification of identity documents and prompt release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the accused in a case of alleged sexual harassment and acid threat under the cited IPC sections.
- Whether the applicant’s claim of false implication and lack of prior record justify bail despite the seriousness of the allegations.
- Whether the guidelines from recent Supreme Court judgments and concerns of jail overcrowding affect the bail decision.
Legislation cited
- Indian Penal Code — s. 115(2), 351(3), 74, 75(2), 79
Subjects
- bail
- sexual harassment
- acid threat
- false implication
- jail overcrowding
- IPC sections
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30968 of 2026
Nakul
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ranjeet Kumar Asthana
Counsel for Opposite Party(s) : G.A., Mahendra Kumar Maurya, Ram
Kinkar Upadhyay
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. List revised. Heard Sri Ranjeet Kumar Asthana, learned counsel for the
applicant and Sri B.P. Maurya, learned A.G.A. for the State and
Sri Mahendra Kumar Maurya, learned counsel for the first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 214 of 2026, under Sections 74,
75(2), 79, 115(2), 351(3), 69 BNS, Police Station Kotwali, District
Mathura, during the pendency of the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case and the victim is
a major girl aged about 19 years and on the alleged date i.e. 2.3.2023 no
incident of rape took place and there is only allegation that the applicant
threatened the victim to deface by throwing acid on her, however, nothing
has been recovered from the possession of the applicant and the victim in
her statement under Section 183 BNSS has stated that the applicant
established physical relationship with her in the year 2022 and when she
asked him to marry then he refused the proposal. It is further submitted
that the victim has refused to undergo medico-legal examination. It is
also submitted that the applicant has been languishing in jail since
5.6.2026 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. 30968 of 2026
2
4. Per contra, learned counsel for the first informant and learned A.G.A.
has vehemently opposed the prayer for bail but could not dispute the
aforesaid facts
5. As per the allegation in the FIR, the applicant is said to have sexually
harassed the victim and threatened her that if she does not talk to her, then
he would throw acid on her, however, victim in her statement under
Section 183 BNSS has stated that she was on talking terms with the
applicant from 2022 to 2025 with the applicant and the applicant
established physical relationship in the year 2022 and when she asked him
to marry, then he refused the said proposal. The victim is major girl aged
about 19 years and she refused to undergo medico-legal examination. The
applicant has been languishing in jail since 5.6.2026 and he is having no
criminal history.
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- Nakul 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.
BAIL No. 30968 of 2026
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(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.
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
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.)
October 1, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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