Nikhil Singh Alias Nihal Singh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Nikhil Singh Alias Nihal Singh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted. Applicant to be released on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions (¶¶17-20): no inducement, threat or promise or tampering with evidence; sincere cooperation in trial/investigation without seeking adjournments; no criminal activity after release; attendance in accordance with the bond executed. Breach of any condition shall be ground for cancellation of bail (¶21). Identity, status and residence proof of applicant and sureties to be verified by the court concerned before bonds are accepted (¶22); release permitted on computer copy of the order verified by counsel, certified copy to be filed within 15 days (¶23).

Issue for consideration

Whether applicant Nikhil Singh @ Nihal Singh, accused in Case Crime No. 99 of 2025 under Sections 137(2) and 87, BNS 2023 (Police Station Shivpur, District Varanasi), is entitled to be released on bail during the pendency of the trial.

Ratio / Principle

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, the nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits of the case, the applicant is entitled to be enlarged on bail.

Key takeaways

Applicant directed to be released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to specified conditions; breach of any condition shall be a ground for cancellation of bail.ratio¶¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Arun Kumar Singh Deshwal, J.) allowed Criminal Misc. Bail Application No. 22637 of 2025 and enlarged Nikhil Singh @ Nihal Singh on bail in Case Crime No. 99 of 2025 under Sections 137(2) and 87, BNS 2023, Police Station Shivpur, District Varanasi. Counsel contended that although the FIR alleged enticement away of the first informant's daughter, the victim's statement recorded under Section 183 BNSS states that she left her house of her own accord; it was further submitted that the applicant had no criminal history, the charge sheet had been filed so custodial interrogation was unnecessary, and he was languishing in jail since 13.03.2025. Learned A.G.A. opposed the bail prayer but could not dispute these facts. Without expressing any opinion on the merits, the Court held the applicant entitled to be enlarged on bail on a personal bond and two sureties each in the like amount, imposed standard conditions (no inducement or tampering, cooperation in trial, no fresh criminal activity, attendance per bond), and reserved breach of any condition as a ground for cancellation of bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22637 of 2025

Nikhil Singh Alias Nihal Singh

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Dharamraj Singh, Manish Kumar Singh : G.A.

Court No. - 69

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.99 of 2025, under Sections137(2), 87, BNS, 2023, Police Station-Shivpur, District-Varanasi, during the pendency of the trial.

Contention of learned counsel for the applicant is that though in the FIR allegation has been made to entice away the daughter of first informant but the victim in her statement recorded u/s 183 of BNSS has stated that she herself left her house of his own. Therefore, applicant has been falsely implicated. 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 13.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.

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 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.

Let the applicant- Nikhil Singh @ Nihal Singh, involved in the

BAIL No. 22637 of 2025

2

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.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

The applicant shall be released on the basis of computer copy of this order verified by the concerned counsel with the undertaking that certified copy will be filed within 15 days.

October 15, 2025 S.C.

(Arun Kumar Singh Deshwal,J.)

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad