Neutral Citation No. - 2025:AHC:26470 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45162 of 2024 Applicant :- Vikash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Alpika Srivastava,Jata Shankar Pandey,Neeraj Srivastava Counsel for Opposite Party :- G.A.,Prashant Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jata Shankar Pandey, learned counsel for applicant, Sri Prashant Mishra, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.268 of 2024, under Sections 376 I.P.C., 3/4 POCSO Act and 67-B IT Act, Police Station- Baldev, District- Mathura with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant is stated to have been introduced to the victim and he is stated to have committed rape with her and video recorded the said act and taken certain indecent photographs of her also. The applicant is stated to have shown the said indecent video and photographs to other co-accused persons and transferred it to them. 5. Subsequent to it, other co-accused persons are stated to have gang-raped her on the pretext that they shall make the said video and photographs viral. Subsequently, the said photographs and video are stated to have been made viral by them. 6. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed by about six days and there is no explanation of the said delay caused. The allegations are per se false. It is a clear cut case of false implication. The applicant is the resident of one and the same village and he has been falsely implicated in this case out of local political rivalry. 7. Learned counsel for the applicant has further stated that there is no allegation that applicant had made viral any photographs or video whatsoever. The marriage of the applicant was fixed for 30.1.2025 and the date has been extended due to incarceration of the applicant. There is no criminal history of the applicant. The applicant is in jail since 12.7.2024, as such, he is entitled to be enlarged on bail. 8. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant had made viral the said video and photographs and he is the main accused person. The said fact stands fortified from the fact that the informant received the said video video and photographs and deposited the same with the Investigating Officer, as such, he is not entitled for bail. 9. After hearing learned counsel for the parties and taking into consideration the fact that the applicant is the main accused person and had made viral the said indecent video of the victim, 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. 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 :- 24.2.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad