Neutral Citation No. - 2025:AHC:67965 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47503 of 2024 Applicant :- Surya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. Learned A.G.A. has informed that notice to the informant has been served on 1.1.2025. 3. Heard Sri Sunil Kumar Srivastava, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.808 of 2024, under Sections 64, 296, 74, 351(2), 351(3) B.N.S., 3/4 POCSO Act and 67 I.T. Act, Police Station- Faridpur, District- Bareilly, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have sent certain indecent messages to the victim and outraged her modesty and harassed her. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. The allegation of outraging the modesty has been escalated to that of rape by the victim subsequently. There is no recovery of any video whatsoever except from the mobile of the victim herself and she has not mentioned the source of it whatsoever. 7. Learned counsel for the applicant has further stated that there is no evidence that applicant had made viral the video or photographs of the victim anywhere. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 22.10.2024 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. 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 allegation of outraging the modesty has been escalated to that of rape by the victim subsequently coupled by the fact that there is no recovery of any video whatsoever except from the mobile of the victim herself, 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- Surya, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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. Order Date :- 30.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad