Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125592 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4103 of 2025 Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Anand Vibhor Singh,Karunesh Pratap Singh Counsel for Opposite Party :- Dharm Singh Parmar,G.A. Hon'ble Avnish Saxena,J.
1. This is a second bail application. 2. Sri Dharm Singh Parmar, learned counsel for the informant has filed counter affidavit today in the Court, which is taken on record. 3. Learned counsel appears for the applicant has filed rejoinder affidavit today in the Court, which is also taken on record. 4. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri Dharm Singh Parmar, learned counsel for the informant and learned A.G.A. for the State and perused the record. 5. The present bail application, seeking bail, has been moved by the accused-applicant-Sandeep involved in Case Crime No.0072 of 2023, under Sections 498-A, 377, 506 I.P.C. and 67A of I.T. Act, Police Station Moosa Nagar, District Kanpur Dehat. 6. Learned counsel for the accused-applicant submits that the applicant has been falsely implicated in the present case, wherein there is matrimonial dispute between informant and applicant since the year 2019, which is still continuing. Unnatural intercourse and preparing of videography by the mobile phone of applicant and having made it viral has not been corroborated by any digital forensic evidence as FSL report is still awaited, though the charge- sheet has been submitted and the trial has commenced. Even at the time of rejection of first bail application of the accused-applicant, there was no material available and the charge-sheet was submitted. The trial is proceeding and one of the witnesses has not supported the transfer of video clip on his mobile phone from the mobile phone of the accused. The accused-applicant is in jail since 3rd July, 2023. As such, he prays that the accused/applicant be
enlarged on bail. 7. Sri Dharm Singh Parmar, learned counsel for the informant submits that the trial is continuing. There is specific allegation of unnatural intercourse committed by the applicant with the informant, who also prepared video, which was made viral. There is ample evidence on record. There is every likelihood of the accused to threaten the witnesses.
Learned A.G.A. also opposed the prayer for bail and submitted that FSL report is still awaited, though there is ample evidence recorded by the Investigating Officer, which will be produced before the court in the evidence. 8. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records, which prima facie reveals that the F.I.R. was registered on 2nd July, 2023 for the incident of 19th May, 2023 pertaining to unnatural intercourse and recording of videography, which is allegedly made viral. The digital forensic report of FSL has not been produced so far. There is matrimonial dispute between the accused and the informant since 2019. Charge-sheet has been submitted on 24.08.2023 and the trial is continuing and only two witnesses have been produced so far. The applicant is in jail since 3rd July, 2023. 9. Hence, without touching the merit of the case, the bail application is allowed. 10. Let accused/applicant-Sandeep be released on bail in the aforesaid case on his furnishing personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 29.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad