Neutral Citation No. - 2025:AHC:79885 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3811 of 2025 Applicant :- Ilu Alias Yogendra Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar,Alok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Alok Kumar Singh, learned counsel for the applicant, and Shri Purshottam Maurya, learned A.G.A., representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Ilu Alias Yogendra, seeking enlargement on bail in Case Crime No. 05 of 2024, under Sections- 328 I.P.C. and under Section 67-A of Information Technology Act, Police Station-Khoda, District-Ghaziabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.12.2024. First Information Report has been lodged on 04.01.2024, by the first informant/victim with the allegation that on the date of incident, the applicant offered and gave her intoxicated cold drink and when she became unconscious, applicant prepared obscene video and thereafter made physical relation on the pretext to viral the obscene video and thereafter the applicant has made viral the video. Learned counsel for the applicant submits that in the First Information Report neither time, place nor time of incident has been mentioned. The victim in her statement under Section 161 has stated that nothing wrong had been done with her. The victim in her statement under Section 164 Cr.P.C. has changed her version by stating date and time of the incident. There is contradiction in the statement of the victim. The victim herself has refused for her medical examination. Criminal history of two cases has been explained in the second supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for. Learned learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ilu Alias Yogendra, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 15.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad