Neutral Citation No. - 2025:AHC:86752 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5313 of 2025 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vipul Kumar Singh Counsel for Opposite Party :- Avadhesh Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vipul Kumar Singh, learned counsel for the applicant and Sri Avadhesh Singh, learned counsel for the informant as well as Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 558 of 2024, under Sections 65(1), 351(2), 352 of BNS, Sections 3/4(2) of POCSO Act and Section 67 of Information Technology Act, Police Station - Kotwali, District - Azamgarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the daughter of the informant, aged about 15 years and had even video recorded the said act. There are allegations that the applicant had sent the said indecent photographs and video to her relatives. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about three months and there is no explanation of the said delay caused. 6. Learned counsel has conceded the fact that certain indecent photographs and videos were recovered by the Investigating Officer from the ID of one Ram Prakash, who had sent the said indecent photographs and videos from the mobile number 8168861484. The applicant has nothing to do with the said mobile. He does not know the co-accused person Ram Prakash, as such, it is a clear cut case of false implication. There is no recovery of any photographs and videos of the victim from the applicant or any of his ID. 7. Learned counsel has next contended that criminal history of two cases assigned to the applicant stands explained. The applicant is languishing in jail since 23.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was minor as her age is 15 years old. The applicant has misused his clout and used the mobile number of his friend as he is a clever person, as such, he is not entitled for bail. 9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of three months in lodging the FIR and also considering the fact that there is no recovery of any photographs and videos of the victim from the applicant or any of his ID, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Neeraj Kumar, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 22.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad