Nabi Husain v. State of Up and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29934 of 2026

Nabi Husain

	Versus .....Applicant(s)
State Of Up And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ashok Kumar Dwivedi : G.A., Gaurav Kumar Shukla

Court No. - 67

HON'BLE JITENDRA KUMAR SINHA, J.

1 . List revised. Heard Sri Ashok Kumar Dwivedi, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and Sri Gaurav Kumar Shukla, learned counsel for the first informant.

2 . The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 161 of 2026, under Sections 137(2), 87, 64(2)m BNS and Sections 51/6 of POCSO Act, Police Station Kaptanganj, District Basti, during the pendency of the trial.

3 . It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and the victim in her statement recorded under Sections 180 and 183 BNSS has stated that she had left her home on her free will and the applicant established physical relationship with her on her consent. It is further submitted that the age of the victim has been found to be 18 to 19 years as per her radiological examination and 17 years and 05 months as per her certificate of Class 8th, however, there is no High School certificate or the certificate of school first attended. It is further submitted that the medico-legal report of the victim does not support the commission of rape on her. It is also submitted that the applicant has been languishing in jail since 17.6.2026 and he is having no criminal history. It is lastly submitted that in case the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.