Neutral Citation No. - 2025:AHC-LKO:22982 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3430 of 2025 Applicant :- Vinod Saroj Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Jay Krishna Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Jay Krishna Shukla, learned counsel for the applicant, Sri Ashok Srivastava, learned Additional Government Advocate 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.166 of 2024, under Sections 351(2), 64, 61(2) of B.N.S., Section 3/4 of Protection of Children from Sexual Offences Act, 2012 and Section 67 of Information Technology Act (Amended 2008), registered at Police Station Dileeppur, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.10.2024 against seven persons, including the applicant and his wife Vibha Saroj stating that the applicant and his wife clicked obscene photo of the informant and they are sending that photo to several persons thereby defaming the informant's family. 4. In the statement of the victim recorded under Section 180 BNSS she reiterated the F.I.R. version. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. The pathological examination report mentions that no spermatozoa was seen in the vaginal swab of the victim. 5. In the statement of the victim recorded under Section 183 BNSS she stated that the applicant's wife had forcibly called her and prepared her video depicting the informant making physical relations with the applicant as his wife. She stated that the co- accused Sahil was spreading the video virally and was sending the same to her family members. During investigation the educational certificate of the informant was produced in which her date of birth is mentioned as 10.08.2007. 6. In the affidavit filed in support of 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. It has also been submitted that the applicant's wife co-accused Vibha Saroj has been granted bail by the Sessions Court. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations against the applicant and his wife have been established during investigation and a charge sheet has been submitted against them on 06.12.2024. However, the allegations against the co-accused Sahil Saroj could not be established and he has been exonerated. The other four co- accused persons have been charged for the offence under Section 351(2) BNS only. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement of the victim recorded under Section 183 BNSS she stated that obscene video was prepared by the co-accused Sahil which allegation could not be established and Sahil has been exonerated by the Investigating Officer; that in her previous statement the victim stated that the applicant's wife co-accused Vibha had prepared the obscene video and she has been granted bail by the Sessions Court; that no obscene video/photo has been recovered during investigation and that that the applicant is a young man aged 24 years having no previous criminal history and he is languishing in jail since 16.11.2024 and the investigation already stands concluded and the applicant's wife has already been granted bail and without making any observation, which may affect the merits of the case, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Vinod Saroj be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 23.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench