Neutral Citation No. - 2025:AHC:62868 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43414 of 2024 Applicant :- Vishal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Narayan Shukla,Gyanendra Kumar Awasthi,Jyotish Kumar Awasthi,Shyam Sunder Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shyam Sunder Mishra, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 245 of 2024, under Sections 64, 74, 77, 351(3), 115(2) & 333 of BNS and Section 66 of I.T. Act, Police Station - Kotwali, District - Etawah, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 01.09.2024 by barging into her house and had clicked certain indecent photographs of her from his mobile. The marriage of the victim was to be solemnized a week later but the applicant has sent her nude photographs to her erstwhile husband on 19.09.2024 thereby got the said marriage terminated. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one month from the date of occurrence and is delayed by 12 days from the date of sending the said photographs to the would-be husband of the victim and there is no explanation of the said delay caused. It is also stated that there are certain CDRs and whatsapp chat between the two indicating her consent. 6. Learned counsel has further stated that there is no recovery of any indecent photographs from the possession of the applicant. The applicant is a 20 years old youth and the victim is 22 years old, as such, there is no question of applicant committing rape with her and sending her photographs to her would-be husband. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 03.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the counsel for the applicant has filed certain photographs of the victim with the bail application as Annexure - 8 to the affidavit which shows his professional misconduct and also establishing the fact that the applicant had the said photographs of the victim in his mobile. 8. Learned AGA has also stated that the mobile of the applicant was recovered by the police at the time of his arrest and was opened upon and was shown to a lady police officer, who had found the said photographs to be indecent, as such, it establishes the prosecution story. 9. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and also taking into consideration the fact that the indecent photographs of the victim were found from the gallery of the mobile of the applicant and by sending the same to her would-be husband, the marriage of the victim got terminated, I do not find it a fit case to release the applicant on bail. 10. The bail application is, accordingly, rejected. 11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme 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:- 24.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad