Allahabad High Court
TUSHAR @ NIKKIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, granting bail to the accused subject to bond and surety conditions.
Summary
The applicant, Tushar @ Nikki, was arrested in connection with a case under Sections 137(2), 87, 65(1) of the BNS Act and Sections 3 and 4(2) of the POCSO Act. The applicant contended that he was falsely implicated and that the alleged victim had voluntarily stayed with him, as reflected in her statement recorded under Section 183 of the BNSS, indicating consent and no allegation of sexual assault. The applicant, a 20‑year‑old with no prior criminal record, had been in judicial custody since 1 June 2026. The court examined the nature of the offences, the severity of the prescribed punishment, the period of incarceration already served, and the victim’s consent statement. Finding that the case was prima facie suitable for bail, the court ordered the applicant’s release on personal bond and two sureties, subject to conditions not to tamper with evidence or intimidate witnesses. The bail may be cancelled upon breach of conditions, and the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the BNS Act and the POCSO Act, considering the victim's statement of consent and the accused's lack of prior criminal record.
Legislation cited
Subjects
- bail
- consent
- POCSO
- criminal procedure
- false implication
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33252 of 2026
Tushar @ Nikki
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Pratap Singh, Vishal Singh
Counsel for Opposite Party(s) : Anil Kumar Shukla, G.A., Saroj Shukla
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vishal Singh, learned counsel for the applicant and Sri Anil
Kumar Shukla, learned counsel for the informant as well as Sri Ram Mohit
Yadav, learned A.G.A. for the State and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 150 of 2026, under Sections
137(2), 87, 65(1) of BNS and Sections 3/4(2) of POCSO Act, Police
Station - Shahpur, District - Muzaffar Nagar, during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present matter. It is submitted that the victim
appears to be a consenting party as is evident from her statement recorded
u/s 183 BNSS which indicates that she voluntarily traveled out of her own
accord using various modes of transportation and resided with the applicant
at a flat. Even the victim has not leveled any allegations of sexual assault or
exploitation against the applicant. It is further submitted that the applicant is
a 20-year-old youth with no prior criminal history, and given that he has
been in judicial custody since 01.06.2026, it is prayed that he be enlarged on
bail.
5. Considering the facts and circumstances of the case, the submissions
advanced by the learned counsel for the parties, the nature of the offence, the
severity of the prescribed punishment, and also taking into account the
period of incarceration already undergone by the applicant and her statement
BAIL No. 33252 of 2026
2
recorded u/s 183 BNSS which indicates towards her consent, this Court,
prima facie, finds it a fit case to release the applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Tushar @
Nikki, be released on bail 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.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 18, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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