HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11266 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State- respondent as well as learned counsel for the complainant and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.180 of 2024, under Sections 376, 384 I.P.C. and Section 67-A of the IT Act, P.S. Hanswar, District Ambedkar Nagar. 3. In the prosecution case it is alleged that applicant and husband of the victim were friends since 2018. During Covid-19 lock-down accused applicant used to come to teach the children of the victim. One day while the victim was taking bath he made obscene video of the victim and while blackmailing her raped the victim, this continues from 2018 to 2022 thereafter video was made viral by the accused. 4. Learned counsel for the applicant submits that applicant has no criminal history. Applicant is languishing in jail since 26.07.2024. Victim was a consenting party which is evident from the statement of the victim before the court where during cross she has admitted that on the saying of applicant, the alleged photographs were prepared by her and these photographs were taken from the mobile of the victim. Victim has refused to undergo medical examination. P.W.1 and P.W.2 both have been examined. He further submits that in the present case, the victim has entered into compromise with eight co-accused persons, the settlement is on record with the counter affidavit filed by the complainant. 5. Learned A.G.A. as well as learned counsel for the complainant have Versus Counsel for Applicant(s) : Prem Prakash Singh Counsel for Opposite Party(s) : G.A., Rajesh Kumar Mohammad Sakib .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another .....Opposite Party(s) opposed the bail prayer. Learned counsel for the complainant has submitted that this compromise was entered into by the victim under threat extended by the co-accused persons. Learned A.G.A. has submitted that charge-sheet under Section 67 of the I.T. Act has been filed, complicity of the applicant is evident. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 26.07.2024 having no criminal history, victim is major, statement of the victim has been recorded before the trial court, complainant has also examined there is no chance of tampering the prosecution evidence, till date out of six only two prosecution witnesses have been examined, trial is not likely to be concluded in the near future so also judgment passed in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Mohammad Sakib be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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. (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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order BAIL No. 11266 of 2024 2 to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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 174-A of the Indian Panel Code (now Section 209 BNS). September 16, 2025 Saurabh Yadav/- BAIL No. 11266 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench