Neutral Citation No. - 2025:AHC:7141 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42785 of 2024 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State. 2. By means of this application, applicant-Rohit, who is involved in Case Crime No. 521 of 2024, under Sections 64, 351(2) of B.N.S. and Section 67(A) of Information Technology Act, Police Station Sardhana, District Meerut, seeks enlargement on bail during the pendency of trial. 3. As per prosecution case, in brief, complainant who is brother-in-law (Jeth) of the victim lodged a first information report on 10.10.2024 against the applicant for the alleged offence under Sections 64 and 351(2) of B.N.S., 2023 and Section 67(A) of Information Technology Act making allegations inter alia of committing forceful rape on victim by the applicant on 18.09.2024 and making video of the said incident. It is also alleged that on 09.10.2024 at about 9:00 P.M. also when victim was sleeping, applicant barged into her house and made attempt to commit rape on her, but on raising alarm he ran away from the spot and thereafter he made said video of victim viral. 4. Main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case on account of some dispute between the informant and father of the applicant. Referring the statement under Section 183 B.N.S.S. of the victim, it is submitted that victim has stated inter alia that applicant has not committed any misdeed with her, she has not received any threat and she wants to withdraw her case. Lastly, it is submitted by the learned counsel for the applicant that the applicant is languishing in jail since 11.10.2024 having no criminal history to his credit. 5. Per contra, learned Additional Government Advocate for the State vehemently opposed the prayer for bail of the applicant in the light of prosecution case as mentioned in the F.I.R. So far as allegation of victim in the F.I.R. that her video has been made viral by the applicant is concerned, it is submitted that said video has been collected by the Investigating OfÏcer during the course of investigation and reference of the same has been mentioned in C.D. Nos. 3 and 4 dated 10.10.2024. Hence there are corroborative materials in support of allegations levelled by the victim. The offence is heinous in nature, therefore, the bail application of the applicant is liable to be rejected. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that applicant is neighbour of the victim. Statement under Section 180 B.N.S.S. of victim was recorded on 10.10.2024, in which she has supported the prosecution case as mentioned in the F.I.R. making allegation of rape against the applicant. She has also stated inter alia that applicant made her video viral, which was also sent by someone on her mobile phone. The said video was also sent on mobile phones of several persons of her village. Her statement under Section 183 B.N.S.S. was recorded on 17.10.2024 in which she has expressed her willingness to withdraw her case and stated that nothing has happened with her, but in the light of video collected by the Investigating OfÏcer, possibility of winning over the victim/ making influence on the victim from the side of the accused cannot be ruled out. This Court is also of the view that a person can lie but circumstances and video which is on record cannot. In the light of video of the incident as pointed out by the learned Additional Government Advocate, I do not find any good ground to release the applicant on bail. 7. Accordingly, the bail application is rejected. 8. It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 16.1.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad