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2025 DAILYLAW 125691 (ALL)

AJMAT ILAHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS

BAIL/1802/2025 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27129 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1802 of 2025 Applicant :- Ajmat Ilahi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Aseem Misra,Rajeev Mishra Counsel for Opposite Party :- G.A.,Mahesh Kumar,Manish Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rajeev Mishra, the learned counsel for the applicant, Sri Diwaker Singh, the learned A.G.A. for the State and Sri Mahesh Kumar, learned counsel for the informant and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime no. 753 of 2024, under Sections 376-D, 506 I.P.C., Section 5/6 of Protection of Children from Sexual Offences Act and Section 67-B of Information Technology Act, registered at Police Station Kotwali City, District Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 16.11.2024, stating that the informant aged 23 years old came into contact with the applicant in the year 2017. In the year 2019, he made physical relations against her consent and videographed the incident. This video was shown to the informant by three other persons named Ahmad, Arsul and Kittu. 4. In the statement of the victim/informant recorded under Sections 180 B.N.S.S and 183 B.N.S.S, she reiterated the F.I.R version. 5. The medico legal examination report of the victim/informant reveals no mark of injury or sign of use of force but it was reported that hymen was not present. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet submitted on 28.01.2025 against four persons, including the applicant. 8. The learned A.G.A has drawn attention of the court to the relevant extract of case diary wherein it is recorded that the applicant had prepared an obscene porn video of the victim and saved the same in a Gmail account from his phone. This video was saved in the mobile phone of three other co-accused persons. The victim stated that this incident took place in the year 2019 where as the applicant said that it was done in the year 2021. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although there were some relations between the applicant and the victim, the applicant has betrayed the trust of the victim in him and has shared her obscene video with numerous other persons, I am of the view that the aforesaid conduct of the applicant does not warrant exercise of discretion of this Court by enlarging the applicant on bail. 10. Accordingly, this bail application stands rejected. (Subhash Vidyarthi,J.) Order Date :- 8.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench