Allahabad High Court
GULSHAN NISHAD @ INDRA JEET NISHADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Gulshan Nishad, who was arrested in a case under Sections 137(2), 64(2)(m), 87 of the BNS and Sections 5 and 6 of the POCSO Act for allegedly enticing a minor girl away and committing sexual offences. The victim, aged 15 years 11 months, gave a statement claiming a consensual relationship and voluntary marriage with the applicant, and the medico‑legal report did not support a rape allegation. The court noted the absence of a radiological age test, lack of school certificates, and the applicant's clean criminal record and pre‑trial detention since 10 July 2026. Relying on Supreme Court precedents (Kapil Wadhawan vs CBI, Maya Tiwari vs U.P.) and the policy on bail, the judge held that the applicant was entitled to bail, subject to strict conditions. The bail was granted with a bond, sureties, and directives for verification and prompt release.
Issues considered
- Whether bail can be granted in a POCSO case involving a minor where the victim’s statement indicates consent and there is no medical evidence of rape.
- Whether the lack of age verification and the nature of the alleged offence justify denial of bail.
- Whether the applicant’s clean record and pre‑trial detention period warrant bail under Supreme Court bail guidelines.
Legislation cited
Subjects
- bail
- POCSO
- minor
- sexual offence
- age verification
- Supreme Court guidelines
- criminal procedure
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31054 of 2026
Gulshan Nishad @ Indra Jeet Nishad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Hemant Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Hemant Kumar Singh, learned counsel for the applicant and
Sri Shiv Dutt Shukla, 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. 40 of 2026, under Sections 137(2),
64(2)(m), 87 of BNS and Section 5 Tha/6 of POCSO Act, Police Station
Kaptanganj, District Azamgarh, 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 the victim in
her statement recorded under Sections 180 and 183 BNSS has stated that
she was in love with the applicant and she had left her home on her free
will and she had gone to Punjab with the applicant and she had entered
into matrimonial alliance with the applicant with her free consent. It is
further submitted that the age of the victim has been found to be 15 years
and 11 months as per her certificate of Class 7th, however, there is no
High School certificate or the certificate of school first attended and no
radio-logical examination of the victim has been conducted for her age
determination. 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 10.7.2026
and he is having no criminal history. It is lastly submitted that in case the
BAIL No. 31054 of 2026
2
applicant is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.
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 15
years and 11 months as per her certificate of Class 7th.
6. As per the allegation in the FIR, the applicant is said to have enticed
away the daughter of the first informant, however, the victim has been
recovered and the victim in her statement recorded under Sections 180
and 183 BNSS has stated that she was in love with the applicant and she
had left her home on her free will and she had gone to Punjab with the
applicant and she had entered into matrimonial alliance with the applicant
with her free consent. The age of the victim has been found to be 15 years
and 11 months as per her certificate of Class 7th, however, there is no
High School certificate or the certificate of school first attended and no
radio-logical examination of the victim has been conducted for her age
determination. 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 10.7.2026 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- Gulshan Nishad @ Indra Jeet Nishad involved in
the aforementioned crime be released on bail, on his furnishing a personal
BAIL No. 31054 of 2026
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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
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 24, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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