Allowed

Rakesh Nishad v. State of U.P. and 3 Others

Allahabad HC28 Oct 2025BAIL/37395/2025

Case brief

AI extract

What is this about?

Bail granted - Rakesh Nishad v. State of U.P. and 3 others; Allahabad High Court CRL.M.B.A. No. 37395 of 2025; decided October 29, 2025 by Dr. Gautam Chowdhary, J.; offences: Sections 137(2), 87, 65(1) of B.N.S. and Section 3/4 of POCSO Act; Case Crime No. 162 of 2025, Police Station Jhangaha, District Gorakhpur; custody since 07.07.2025; marriage of accused with victim settled since childhood, F.

What did the court decide?

Enlargement of applicant Rakesh Nishad on bail on furnishing a personal bond and two local sureties each of the like amount, subject to conditions: (i) not tampering with prosecution evidence; (ii) no

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

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37395 of 2025

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Rakesh Nishad

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.....Applicant(s)

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Versus
State Of U.P. And 3 Others .....Opposite Party(s)
Counsel for Applicant(s) : Sapan Kumar Singh
Counsel for Opposite Party(s) : G.A.

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Court No. - 65

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Sri Ravindra Singh, learned counsel has filed his power as well as short counter affidavit on behalf of the informant today in the Court, which is taken on record.

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

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Learned counsel for the applicant submits that the marriage of the applicant and the victim was settled since their childhood on account of which, they started to meet each other and due to some mis-understanding the F.I.R. has been lodged against the applicant. Learned counsel further argued that the applicant and his family as well as informant and her family members would solemnise the marriage of the applicant and the victim and therefore the applicant may be enlarged on bail. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 07.07.2025.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any

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BAIL No. 37395 of 2025

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indulgence.However, learned counsel for the informant has filed short counter affidavit on behalf of the informant and argued that the informant has no objection in case, the applicant is enlarged on bail.

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The informant Sumitra Devi as well as victim are present before this Court, who are identified by their counsel. The informant has stated due the marriage of the victim was settled with the applicant since her childhood as such they used to meet each and due to some misunderstanding, the F.I.R., has been lodged and it has been settled that the marriage would be solemnised. The victim is also present before this Court, who has stated that her marriage has been settled with the applicant and due to some mis-conception F.I.R. has been lodged. Their statements have been separately reduced in writing and the same has been kept as a part of the record.

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Similarly, the mother of the applicant namely, Smt. Manju is also present before this Court, who is identified by her counsel. She has also stated that the applicant's marriage was settled with the victim since their childhood and due to some mi-conception, F.I.R., has been lodged and now it has been agreed between the parties that the marriage of the applicant with the victim would be solemnised as well as possible.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant Rakesh Nishad involved in Case Crime No. 162 of 2025 under Sections 137(2), 87, 65(1) of B.N.S., and Sect ion 3/4 of POCSO Act, Police Station Jhangaha District Gorakhpur, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following condi tions:-

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i) The applicant shall not tamper with the prosecution evidence.

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BAIL No. 37395 of 2025

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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The bail application is allowed.

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(Dr. Gautam Chowdhary,J.)

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October 29, 2025

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Rakesh Nishad v. State of U.P. and 3 Others

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Rakesh Nishad v. State of U.P. and 3 Others

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