Ankit Kumar Nishad Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Ankit Kumar Nishad Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Accused-applicant Ankit Kumar Nishad to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-pressurization of prosecution witnesses, cooperation in trial and regular appearance before the trial court; breach entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Ankit Kumar Nishad should be enlarged on bail in Special Sessions Case No. 1003 of 2024 (State Vs. Ankit Kumar Nishad) arising out of FIR dated 31.01.2024, PS Jhunsi, District Prayagraj.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but without commenting on the merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed and the accused-applicant Ankit Kumar Nishad is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned.

Key takeaways

Release on bail is subject to conditions: the applicant shall not tamper with evidence, shall not indulge in criminal activity, shall not pressurize/intimidate prosecution witnesses and shall cooperate in the trial and appear regularly on dates fixed by the trial court; in the event of breach of any condition, the court below is at liberty to proceed to cancel his bail.ratio¶¶22

Detailed headnote1 paragraphs

Bail granted — S. 483 BNSS, 2023 — applicant Ankit Kumar Nishad sought enlargement in Special Sessions Case No. 1003 of 2024 (State Vs. Ankit Kumar Nishad) under Sections 363, 366, 342, 328, 354-Kha, 506 IPC and Section 7/8 POCSO Act, PS Jhunsi, District Prayagraj, arising from FIR dated 31.01.2024 alleging enticement away of the first informant's daughter. Applicant in custody since 04.02.2024 with no criminal antecedents; victim had refused medical examination and contradictions were pointed out between her statements under Sections 161 & 164 Cr.P.C.; AGA did not dispute absence of antecedents. Holding that, without commenting on merits, a case for bail was made out having regard to the nature of accusations, severity of punishment, supporting evidence and apprehension of tampering, the Allahabad High Court (Ashutosh Srivastava, J.) allowed the bail application, directing release on a personal bond with two reliable sureties each, conditioned on non-tampering with evidence, no criminal activity, no intimidation of prosecution witnesses and regular attendance at trial, with liberty to the court below to cancel bail on breach. Judgment dated October 9, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 24944 of 2025

Ankit Kumar Nishad

	Versus	..	...Appli	cant(s)
State Of U.P. And 3 Others			.....Op P	posite arty(s)
Counsel for Applicant(s)	: Ravish Pandey	Kumar Singh,	Shesh	Mani
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Ravish Kumar Singh, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-opposite party and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, seeking enlargement on bail in Special Sessions Case No. 1003 of 2024 (State Vs. Ankit Kumar Nishad), under Sections 363, 366, 342, 328, 354-Kha, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station Jhunsi, District Prayagraj.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.02.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.

Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 31.01.2024 has been lodged against the applicant with allegation that applicant has enticed away the daughter of first informant. The F.I.R. has been lodged after two days of the alleged incident after manipulation. Learned counsel for the applicant submits that victim has refused to medically examined herself. There are contradictions between the statements of the victim

BAIL No. 24944 of 2025

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recorded under Sections 161 & 164 Cr.P.C. Hence, bail has been prayed for.

Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents.

Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Ankit Kumar Nishad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)

October 9, 2025

Vibha Singh

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