Neutral Citation No. - 2025:AHC:129168 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9284 of 2023 Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Agnivesh,Ajay Kumar Chaurasia,Jadu Nandan Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pranvesh, holding brief of Sri Jadu Nandan Yadav, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 292 of 2018, under Sections 452, 376D, 306, 323, 504, 506 IPC and Section 67 of I.T. Act, Police Station Jasrana, District Firozabad, during the pendency of trial. 4. This is the third bail application. The earlier two bail applications were rejected by co-ordinate Bench of this Court vide orders dated 16.09.2021 and 19.03.2021. 5. As per prosecution story, co-accused Chatanki Lal @ Amit Kumar had taken certain indecent photographs of the wife of the informant and had posted them on his facebook ID on 16.06.2018 thereby maligning her in the society at large. The applicant and co-accused Jitendra are stated to have cooperated in the said act. 6. The informant complained about the said incident to Chatanki Lal @ Amit Kumar but he threatened him that he shall tarnish the image of his wife in society. Subsequent to it, wife of the informant and named accused Chatanki Lal @ Amit Kumar had committed suicide due to the said abetment of posting the said photographs on facebook. 7. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The case of the applicant is at different footing qua the co-accused Chatanki Lal @ Amit Kumar. The photographs, if any, were posted on facebook by him only from his I.D. There is no allegation that the applicant had posted the said photographs. The only allegation against the applicant and co-accused Jitendra is of having helped the main accused Chatanki Lal @ Amit Kumar. 8. Learned counsel has next stated that the trial is moving at snail's pace. The applicant is languishing in jail since 30.07.2018, as such seven years have been passed and he is incarcerated since then. The Fundamental Rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the applicant was named in the FIR and the said indecent photographs were clicked by the applicant only, although the said photographs were posted by the co-accused Chatanki Lal @ Amit Kumar. 10. This Court had called for a report regarding status of trial on 03.07.2025 and the said report received from the trial court dated 19.07.2025 indicates that eight witnesses have been examined to date and the last witness i.e. Jai Singh, who is a police witness, is yet to be examined. As such, it seems that the trial may not conclude in near future. 11. In the judgement passed by the Supreme Court in the case of Union of India vs. K.A. Najeeb, AIR 2021 SC 712, it has been held as follows:- "We are conscious of the fact that the charges levelled against the respondent are grave and a serious threat to societal harmony. Had it been a case at the threshold, we would have outrightly turned down the respondent's prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the High Court appears to have been left with no other option except to grant bail. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the period of incarceration and role of the applicant being of having cooperated in the said indecent act of the main accused Chatanki Lal @ Amit Kumar, I find it a fit case to release the applicant on bail. The bail application is allowed. 13. Let the applicant- Anil Kumar, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. 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 :- 1.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad