Allahabad High Court

Nitin v. State of U.P. thru. Addl. Chief Secy. Deptt. of Home Lko. & Anr.

BAIL/4192/2026

Decision date
2026-06-17
Text availability
Full text
Judges
Subhash Vidyarthi

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

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Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4192 of 2026 Nitin .....Applicant(s) Versus State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Shyam Karan Pandey Counsel for Opposite Party(s) : G.A. Court No. - 11 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Ms. Shailesh Pandey, the learned counsel for the applicant as well as Shri Anant Pratap Singh, the learned A.G.A.for the State and perused the record. Supplementary affidavit filed by the learned counsel for applicant today in Court and the same is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0081 of 2026, under Sections 69, 115(2) B.N.S, registered at Police Station Khandasa, District Ayodhya. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 20.04.2026 stating that the applicant made physical relations with the complainant on 17.12.2025. When she pressurized him to marry her, the applicant took her to his home on 19.12.2025 and kept her as his wife till 17.04.2026. When she again pressurized him for marriage he assaulted her and turned her out of his home.

4. In the statement recorded under Section 180 BNSS the victim has stated that she is aged 23 years has studied upto B.A. She knows the applicant for the past five years. The applicant had allured to marry her. When she came to know the applicant has BAIL No. 4192 of 2026 2 settled his marriage elsewhere, she had severed her relationship with him. On 17.12.2025, the applicant came to her house and committed the misdeed against her. Thereafter, the complainant approached the police and with the intervention of police a settlement was arrived between the family members of the parties that the applicant would marry the complainant. The applicant took her with his home and kept her there for about four months. In the night of 16.04.2025, the applicant beaten up the complainant and on 17.04.2026 he went away. After staying with the complainant for six months the applicant declined to marry her. 5. The medico-legal examination report of the complainant reveals no mark of injury or sign of use of force. 6. In the statement recorded under Section 183 B.N.S.S., the victim has reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and and languishing in jail since 21.04.2026.

8. In the supplementary affidavit filed by the applicant the involvement of applicant in another criminal case has been disclosed regarding which no notice has been served upon the applicant. 9. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 02.06.2026. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 21.04.2026 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for BAIL No. 4192 of 2026 3 enlargement of the applicant on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Nitin be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) June 17, 2026 Arti/- Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench