OM PRAKASH NISHADversusSTATE OF U.P.

    HIGH COURT OF JUDICATURE AT ALLAHABAD
   CRIMINAL MISC. BAIL APPLICATION No. - 34328 of 2025

Om Prakash Nishad
                                                   .....Applicant(s)
                             Versus

State of U.P.
                                                      .....Opposite
                                                            Party(s)

Counsel for Applicant(s)      : Anil Kumar Pandey, Neetu
                                Pal
Counsel for Opposite Party(s) : G.A.

Court No. - 66
     HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Ms. Neetu Pal, counsel for the applicant, Sri D.P.S.
Chauhan, 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 during trial in Case Crime No. 0365
of 2023, under Section 376, 506, 452 IPC and Section 67 of I.T.
Act, Police Station Jhangha, District Gorakhpur.

3. This is second bail application. The first bail application
being Criminal Misc. Bail Application No.2985 of 2024 was
rejected on 14.11.2024.

4. Counsel for the applicant submitted that though in the FIR
allegation has been made that the applicant was involved in
sorcery and the victim used to come at his place for treatment and
the applicant used to administer sedative to the victim and
established physical relationship with the victim; the applicant
also alleged to have prepared video of intimate moment;
thereafter the applicant started blackmailing the victim and kept
on committing rape upon with the victim and when the brother-
in-law of the victim came to the house on 27.07.2023 and found
the applicant and the victim in compromising position, then the
FIR was lodged.
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5. Counsel for the applicant submitted that the victim in her
statement recorded under Section 180 and 183 BNSS reiterated
the same allegation except admitting the fact that the date of
incident was 18.07.2023 and the applicant had sent a video to the
victim's brother-in-law on 22.07.2023; thereafter the FIR was
lodged on 27.07.2023. Counsel for the applicant submitted that
from the statement of the victim recorded during trial, it is clear
that the victim was in consensual relationship with the applicant
and she was not aware of the date and time of the incident and
even this fact was admitted that her brother-in-law found the
applicant and the victim in a compromising position then the FIR
was lodged after nine days. It is further submitted that the
medical examination report of the victim does not show any mark
of injury or any sign of sexual assault. Even, the alleged obscene
video as mentioned in the FIR as well as in the statement of the
victim, shows that it was totally a consensual relationship
between the applicant and the victim, therefore, the allegation of
administering the sedative to the victim is incorrect. It is further
submitted that the charge has been framed on 02.07.2024, but till
date the trial has not concluded. It is further submitted that the
victim has been examined, therefore, there in no chance of
tempering with the witness or intimidation. It is further submitted
that the applicant has no criminal history. It is further submitted
that charge sheet has been filed in the present case, therefore,
there is no requirement of custodial interrogation. The applicant
is a law abiding citizen and he is languishing in jail since
30.11.2023. In case, he is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.

6. Per contra, learned A.G.A. has vehemently opposed the prayer
for bail but could not dispute the aforesaid facts.

7. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties; taking into
account the statement of the victim and her brother-in-law; also
taking into account the overview of the alleged video; coupled
with medical examination report of the victim and keeping in
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view the nature of offence, evidence, complicity of accused 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.
Accordingly, the bail application is allowed.

8. Let the applicant- Om Prakash Nishad 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
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.

11. It is made clear that the applicant shall be released on the
basis of computer generated copy of this order, downloaded from
the official website of High Court Allahabad and verified by the
concerned counsel with the undertaking that the certified copy
will be filed within 15 days.

12. It is further directed that the trial court shall send the release
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                                        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 on e-prison
                                        portal and Trial Court via e-mode 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 as
                                        well as Pila Pahan @ Peela Pahan and others Vs. State of
                                        Jharkhand and another, in Writ Petition (Criminal) No. 169
                                        of 2025, decided on 29.05.2026.

                                        September 18, 2026
                                        CS/-

                                                                        (Arun Kumar Singh Deshwal,J.)




Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad