Gulshan Nishad vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Gulshan Nishad vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Gulshan Nishad in Case Crime No. 661 of 2024 till the submission of the police report under Section 173(2) Cr.P.C.; release on arrest on a personal bond of Rs. 50,000/- with two sureties of like amount to the Station House Officer's satisfaction, subject to the stated conditions; application stands disposed of.

Issue for consideration

Whether the applicant, implicated in Case Crime No. 661 of 2024 under sections 376, 452, 506 IPC and Section 66 of the Information Technology (Amendment) Act (P.S. Jhangha, District Gorakhpur), is entitled to anticipatory bail. +1 more

Court's answer

Having regard to the nature of accusations and the applicant's antecedents, in particular that the FIR was lodged three years after the alleged incident and the mobile number from which the victim's indecent video was made viral does not belong to the applicant, and without commenting on merits, the applicant is entitled to be enlarged on anticipatory bail till the submission of the police report.

Ratio / Principle

In the event of arrest, applicant Gulshan Nishad is to be released on anticipatory bail in the said case crime till the submission of police report, if any, under Section 173(2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer concerned.

Key takeaways

Release is subject to conditions: availability for interrogation as and when required; no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police; no leaving India without previous permission of the Court and deposition of passport, if any, before the concerned S.S.P./S.P.; and in default of any condition the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail.ratio¶18
Investigating Officer directed to conclude the investigation in accordance with law expeditiously, preferably within three months from production of a copy of this order, independently and without being prejudiced by any observation made by this Court while deciding the bail application.obiter¶19

Detailed headnote1 paragraphs

Anticipatory bail granted (till police-report stage) — Gulshan Nishad, Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 879 of 2025 (High Court of Judicature at Allahabad, Vivek Varma, J., order dated 10.3.2025). Applicant sought anticipatory bail in Case Crime No. 661 of 2024 under sections 376, 452, 506 IPC and Section 66 of the Information Technology (Amendment) Act, P.S. Jhangha, District Gorakhpur. Granting bail confined till submission of the police report under Section 173(2) Cr.P.C., the Court relied on: the FIR having been lodged three years after the alleged incident; the mobile number from which the victim's indecent video was made viral not belonging to the applicant; absence of criminal antecedents; and the A.G.A.'s inability to satisfactorily dispute the submissions — expressly without commenting on merits. Release, if arrested, ordered on a personal bond of Rs. 50,000/- with two sureties of like amount to the Station House Officer's satisfaction, subject to conditions (availability for interrogation; no inducement, threat or promise; no leaving India without Court's permission and passport deposition before S.S.P./S.P.), with liberty to the Investigating Officer to apply for cancellation on default. Investigating Officer directed to conclude investigation expeditiously, preferably within three months, independently of the Court's observations; applicant to deliver order copy to S.S.P./S.P. within ten days. Application stands disposed of.