HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44592 of 2024 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned counsel for the informant is not present. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri A.Z. Khan, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.259 of 2024, under Sections 376, 506 I.P.C. and 67-A I.T. Act, Police Station Bansgaon, District Gorakhpur, during the pendency of trial. 5. This is the second bail application on behalf of the applicant. The first one was rejected by this Court vide order dated 5.8.2024 passed in Criminal Misc. Bail Application No.26531 of 2024 primarily on the basis of the indecent video of the victim being made viral by the applicant. 6. Learned counsel for the applicant has stated that the victim has been examined in court subsequently and her examination was conducted on 04.06.2025 and 21.06.2025. She has categorically denied the fact that any video of her was made viral. Even the said video, which is stated to have been seen by PW-3, shows the victim only and it is admitted by PW-3 also that the male person is not identifiable in it, as such, the applicant is entitled for bail. 7. Learned counsel for the applicant has further stated that the there is no Versus Counsel for Applicant(s) : A.Z.Khan Counsel for Opposite Party(s) : G.A., Vinay Kumar Singh Sarvesh .....Applicant(s) State of U.P. .....Opposite Party(s) criminal history of the applicant. The applicant is languishing in jail since 12.05.2024 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. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that the victim has denied the fact of any video being made viral, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Sarvesh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 8, 2025 (Ravi Kant) BAIL No. 44592 of 2024 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad