HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10021 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the minor daughter of the informant aged about 17 years has been blackmailed by the accused Farooq who has taken her photographs stealthily. Thereafter, he forcefully made sexual relations with her and made the obscene photographs and videos of her and gave it to the applicant and both the accused sexually exploited her for a month. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The alleged videos as well as the photographs have not been recovered from the applicant. Thus, no charge- sheet has been filed under Section 67 of the IT Act. He submits that the medico legal examination of the victim does not corroborate the prosecution case. It is submitted that the victim as well as the complainant while being examined before the trial court have been declared hostile. Thus, there is no chance of tampering the prosecution evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 25.6.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of Versus Counsel for Applicant(s) : Ravendra Pratap Singh Counsel for Opposite Party(s) : G.A., Alok Kumar Singh, Vineet Kumar Chaurasia Mohammad Monees @ Monees .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant and submitted that the victim was minor at the time of the incident as her date of birth is 06.08.2009. On due consideration to the submissions advanced, perusal of the record, lack of corroborative medical evidence in support of the prosecution case so also the fact that the victim and the complainant have been declared hostile by the trial court; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 25.6.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Mohammad Monees @ Monees involved in Case Crime No. 108 of 2024, under Section 376DA IPC; Section 5g/6 of POCSO Act; & Section 67B of Information Technology Amendment Act, Police Station- Rahimabad, District- Lucknow, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. BAIL No. 10021 of 2024 2 (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. September 15, 2025 Shravan BAIL No. 10021 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench