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2025 DAILYLAW 130299 (ALL)

ANKIT KUMAR v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/2567/2025 · 2025-03-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17202 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2567 of 2025 Applicant :- Ankit Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ankit Kumar, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.22 of 2025, under Sections 108 B.NS registered at Police Station- Manpur, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.02.2025 against one Chotte Lal, alleging that the named accused had prepared a morphed photo of the informant's son with his daughter and had defamed the informant's son by spreading the photograph virally. Due to this reason, the informant's son committed suicide. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. Earlier the named accused Chhote Lal had lodged an FIR No.21 of 2025 under Section 77 B.N.S., Section 3(1)(w)(i) of S.C./S.T. Act and Section 67 of I.T. Act at Police Station Manpur, District- Sitapur, stating that the applicant had taken a photograph of daughter of Chhote Lal and he morphed/doctored the same and spread the photo virally alongwith Shobhit Singh. 6. After Shobhit Singh committed suicide, the present FIR has been lodged. 7. Learned A.G.A.-I has vehemently opposed the bail application and he has submitted that the applicant had morphed/doctored the photo and had spread the same virally for which reason, Shobhit Singh committed suicide. 8. In response to a specific question, the learned A.G.A. answered on the basis of written instructions provided to him that besides statement of the complainant, no other material has come to light in support of his allegation. Mobile phone of the applicant has been recovered and there is nothing in the written instructions provided to him that any objectionable photo has been recovered from the applicant's mobile phone or any evidence has come to light showing that the applicant had forwarded any objectionable photo to any other. 9. Having considered the aforesaid facts and circumstances of the case coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 24.02.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ankit Kumar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 26.3.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench