Neutral Citation No. - 2025:AHC:24885 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39816 of 2024 Applicant :- Hafiz Musayyib Opposite Party :- State of U.P. Counsel for Applicant :- Asif Hasan,Ram Prakash Narayan Mishra,Rijwan Ahmad,Tufail Hasan Counsel for Opposite Party :- G.A.,Sajiya Parveen Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Prakash Narayan Mishra, learned counsel for applicant, Ms. Sajiya Parveen, learned counsel for the informant and Sri R.P. Patel, learned State Law Officer for the State and perused the material available on record. 3. The present bail application has been filed by the applicant in Case Crime No.308 of 2024, under Sections 87, 64(1), 351(3) B.N.S., Police Station Rasoolpur, District Firozabad with the prayer to enlarge him on bail. PROSECUTION STORY: 4. The applicant, who is stated to be the teacher of Arabic and Urdu language of the victim, is stated to have enticed her away on 21.08.2024 and had established corporeal relationship with her. 5. The victim somehow released herself from the clutches of the applicant on 24.8.2024 and informed the informant that the applicant had clicked certain indecent photographs of her and posted them on Facebook. ARGUMENTS ON BEHALF OF APPLICANT: 6. The applicant is absolutely innocent and has been falsely implicated in the present case. 7. The allegations are per se false. 8. The FIR is delayed by about three days and there is no explanation of the said delay caused. 9. The victim is major aged about 19 years. 10. It is a clear-cut case of false implication as there is no medical corroboration of the incident. 11. There is no criminal history of the applicant. He is in jail since 25.8.2024 and is ready to cooperate with trial. ARGUMENTS ON BEHALF OF STATE/INFORMANT: 12. The bail application has been opposed on the ground that the applicant has tarnished the image of a teacher as he has ravished his own student and in addition to it, he has posted the said indecent photographs on Facebook by using his mobile no.9068255138. 13. The Investigating Officer had taken into possession the said mobile and found it to have been used in creating the E-mail I.D., on which the said photographs have been posted, as such, the applicant is not entitled for bail. CONCLUSION: 14. The instant case seems to be of a consenting party, but the bone of contention is that the applicant has flouted the trust entrusted into him and has clearly misused the indecent photographs, which may have been clicked with the consent of the victim. 15. Perusal of the case diary indicates that the Investigating Officer has found the said number to have been used in creating the Facebook I.D. and posting the said indecent photographs on Facebook. 16. After hearing the rival submissions advanced by learned counsel for the parties and taking into consideration the aforementioned facts, I do not find it a fit case for grant of bail to the applicant. 17. The bail application is found devoid of merits and is, accordingly, rejected. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.2.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad