Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44522 of 2024 Applicant :- Shyam Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Shukla,Shailendra Kumar Awasthi,Sudha Awasthi Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Mr. Santosh Kumar Shukla, learned counsel for applicant, learned A.G.A. for the State and perused the record. Notice has already been served upon informant/opposite party o.2 but no one appears on behalf of her. 2. This bail application has been preferred by the accused-applicant Shyam Singh who is involved in Case Crime No.- 64 of 2024, under Sections 328, 354-C I.P.C. & 11/12 POCSO Act & 67A I.T. Act, P.S.- Auraiya, District- Auraiya. 3. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the first information report has been lodged after delay of three months and there are material contradictions in the statements of victim under Sections 161 and 164 Cr.P.C. It is further submitted that the role of the applicant is of making a video clip of the incident of rape being committed by the accused Himanshu Dohre. He further submits that similarly situated co-accused Ayush, whose role has been assigned of making video of alleged incident of rape has already been granted bail by Co-ordinate Bench of this Court vide order dated 18.10.2024 passed in Crl. Misc. Bail Application No. 34703 of 2024. He further submits that main accused Himanshu Dohre has also been granted bail by Co- ordinate Bench of this Court vide order dated 27.04.2024 passed in Crl. Misc. Bail Application No.-13243 of 2024. The applicant has no criminal history. Lastly, learned counsel for the applicant submitted that in case applicant is released on bail, he will not misuse the liberty of bail. The applicant is languishing in jail since 03.10.2024. 4. Per contra, learned AGA has opposed the prayer for grant of bail and submitted that the offence is very serious in nature and role of the applicant is that of making a video clip of incident of rape however, he does not dispute the fact that the co- accused Ayush and main accused Himanshu Dohre have already been granted bail by this Court. 5. As per the first information report the allegation against the petitioner is that he along with co-accused made video clip of the incident of rape being committed by co-accused Himanshu Dohre. The alleged video clips are not on record. Co-accused Ayush and main accused Himanshu Dohre have already been granted bail by Co- ordinate Bench of this Court vide orders dated 18.10.2024 and 27.04.2024 passed in Crl. Misc. Bail Application Nos. 34703 of 2024 and 13243 of 2024, respectively. The case of the applicant is not distinguishable from the co-accused Ayush. 6. Considering the submissions of learned counsel for the parties, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused- Shyam Singh involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 14.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad