Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41538 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4612 of 2025 Applicant :- Amit Gangwar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lalit Prakash Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Lavlesh Kumar, Advocate holding brief of Sri Lalit Prakash, learned counsel for applicant and Sri Jai Kishan Chaursaia, learned State Law Officer.
3. The present bail application has been filed by the applicant in Case Crime No.721 of 2024, under Sections 64(2)(ड), 65(1), 69 B.N.S., Section 4(2), 5(ड) POCSO Act and 66(ड) I.T. Act, Police Station- Subhash Nagar, District- Bareilly with the prayer to enlarge him on bail.
4. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed by more than one year and there is no explanation of the said delay caused. The allegations are per se false. The victim by her looks seems to be major, although she is stated to be 17 years old. The applicant himself is a youth of 25 years. There is no medical corroboration of the incident, as such, the applicant is entitled for bail. There is no criminal history of the applicant. The applicant is in jail since
18.12.2024.
5. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the applicant has made viral the said indecent photographs and video of the victim alongwith himself on two Instagram IDs, as such, has tarnished her image in the society as a whole. The said video and photographs are on record and have been taken into possession by the Investigating Officer, as such, the applicant is not entitled for bail.
6. After hearing learned counsel for the applicant as well as learned State Law Officer, nature of allegations, gravity of offence
and all attending facts and circumstances of case, I do not find it a fit case for grant of bail to the applicant.
7. The bail application is found devoid of merits and is, accordingly, rejected.
8. It is clarified that the observations made herein are limited to the
facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 21.3.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad