Neutral Citation No. - 2025:AHC:80508 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3876 of 2025 Applicant :- Vishal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Kumar Yadav,Ved Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 17.3.2025. 3. Heard Sri Devesh Kumar Singh, Advocate holding brief of Sri Ved Prakash Mishra, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.440 of 2024, under Sections 70(2) B.N.S., 5G/6 POCSO Act, Section 66E I.T. Act and Section 3(2)(5) SC/ST Act, Police Station- Deoband, District- Saharanpur, during the pendency of trial. 5. As per prosecution story, the FIR was instituted by the daughter of the informant stating that about 10-12 days before the co- accused person Siddharth had called her to his Gher and threatened her and committed rape with her. The said act was video recorded by the applicant and one Shekhar. Another co-accused person Lalit was also present there. 6. 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. The FIR is obviously delayed by about 10-12 days and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that it is a clear cut case of false implication. The said video is stated to have been made viral by the co-accused persons. Learned counsel has placed much reliance on the statement of the informant who has stated that he was provided the video by his son, which was prepared by the accused person Shekhar, and his son informed that the said video was given to him by one Ritesh which changed hands twice before initially emanating from Shekhar. It is stated that it was the co-accused person Shekhar who had made the said video viral. 8. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. The victim is 18 years old as per the ossification test report. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicant has not been assigned the role of making viral the said indecent video of the victim and also he is not visible in the said video as observed by the Investigating Officer coupled with the fact that FIR is delayed by about twelve days, 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. 11. Let the applicant- Vishal, 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 15.5.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad