Neutral Citation No. - 2025:AHC:40418 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40104 of 2024 Applicant :- Manish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- Akhilesh Kumar Mishra,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ravindra Prakash Srivastava, learned counsel for applicant, Sri Shashikant Pandey, Advocate holding brief of Sri Akhilesh Kumar Mishra, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. 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.276 of 2024, under Sections 64(1), 333, 351(2) B.N.S., 2023 and Section 67 of I.T. Act, Police Station Bakhira, District Sant Kabir Nagar with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that the allegations are per se false. The applicant has not made any photograph or video of the victim viral on social media. The FIR was instituted regarding outraging the modesty only, but the allegations have been escalated to that of rape in her statement recorded under Section 183 B.N.S.S. Learned counsel has further stated that the informant in his statement in court has stated that the bathroom is covered from roof, as such, there is no possibility of the applicant to take photograph and video of the said act and there is no report on record to suggest that the applicant had made viral the said indecent photograph of the victim. There is no criminal history of the applicant. The applicant is in jail since 11.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the applicant had made viral the indecent photo of the victim on Facebook from his I.D., as such, it is a open and shut case and he is not entitled for bail. 6. After hearing learned counsel for the parties and taking into consideration the fact that the applicant had made viral the indecent photograph of the victim on social media, I do not find it a fit case for grant of bail to the applicant. 7. The bail application is found devoid of merits and is, accordingly, rejected. 8. 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 :- 20.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad