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2025 DAILYLAW 189605 (ALL)

TALIB v. STATE OF U.P.

BAIL/34612/2025 · 2025-10-07

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34612 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant as well as Shri Chandan Singh, learned A.G.A. for the State and perused the record. 2. By means of the instant bail application, the applicant, Talib, is seeking bail in Case Crime No. 295 of 2025, under Sections 376, 506 I.P.C. and Section 67a of Information Technology (Amendment) Act, 2008, Police Station Kandhala, Nagar, District Shamli. 3. The F.I.R. was lodged against the applicant with the allegation that on the pretext of giving money for treatment of informant's son, the applicant called the informant to his house and committed her rape forcibly. He has also made her video on the mobile phone and also get it viral. 4. Learned counsel for the applicant submits that the entire prosecution is false and concocted. The victim was medically examined and in her medical examination no external or internal injury was found on her person and the doctor has not given any definite opinion regarding her sexual assault, which shows that applicant has been falsely implicated in the crime. No such crime has been committed by the applicant with the victim. The applicant is in jail since 01.07.2025, with no previous criminal antecedents to his credit. 5. Per contra, learned A.G.A. while opposing the prayer for bail of the applicant has submitted that there is certificate on the record under Section 63(4)(c) of Evidence Act regarding obscene video of the victim. The said video was got viral by the applicant himself. Thus, there is active participation of applicant in commission of the alleged offence, therefore, the applicant does not deserve any indulgence at this stage. 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits Versus Counsel for Applicant(s) : Surendra Narayan Mishra Counsel for Opposite Party(s) : G.A. Talib .....Applicant(s) State of U.P. .....Opposite Party(s) of the case, no case for bail is made out. 7. Accordingly, the bail application of applicant-Talib, is rejected. October 8, 2025 Mustaqeem. BAIL No. 34612 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad