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Neutral Citation No. - 2025:AHC:35278 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42502 of 2024 Applicant :- Haseen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Rai,Saurabh Tripathi,Shantanu Srivastava Counsel for Opposite Party :- Akash Tomar,G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Shantanu Srivastava, Sri Saurabh Tripathi, learned counsels for applicant, Sri Atul Verma, Advocate holding brief of Sri Akash Tomar, learned counsel for the informant, Sri R.P. Patel, learned Sate Law Officer for the State and perused the material available on record. 4. The present bail application has been filed by the applicant in Case Crime No.86 of 2024, under Sections 376, 506 IPC, 3/4 POCSO Act and Section 67 of I.T. Act, Police Station Heempur Deepa, District Bijnor with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant is stated to have enticed away the sister of the informant, aged about 17 years, and had video recorded the video call between the two. Subsequently, he started blackmailing the victim on the basis of the said indecent video and photo by threatening her that he shall make them viral on social media. 6. The said relationship continue for about one year and on 31.05.2024, the applicant had threatened her and prior to it on 30.05.2024, he had against raped her. Fed up with the said act, the instant FIR was been instituted on 07.06.2024. 7. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about 8 days and there is no explanation of the said delay caused. The victim has categorically stated in her statement
recorded during trial that she had seen the viral video and it contained only her photographs with the applicant. It was not obscene. Learned counsel has further stated that during trial, seven witnesses have already been examined and the trial is at its conclusive end, as such, there is no likelihood of applicant tampering with evidence. The criminal history of one case assigned to the applicant stands explained vide supplementary affidavit dated 14.2.2025 as he is on bail in that case. The applicant is in jail since 30.07.2024 and he is ready to cooperate with trial.
In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned Sate Law Officer have vehemently opposed the bail application on the ground that seven witnesses have been examined and the trial is almost at its logical end. The victim has categorically reiterated the allegations made in the FIR, as such, the applicant is not entitled for bail. 9. After hearing learned counsel for the parties and taking into
consideration the fact that the victim has supported the prosecution story and the trial is at its conclusive end, I do not find it a fit case for grant of bail to the applicant.
10. The bail application is found devoid of merits and is, accordingly, rejected.
11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Apex Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment.
12. 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 :- 11.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad