Neutral Citation No. - 2025:AHC:50862 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5754 of 2025 Applicant :- Sandeep Alias Thakur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A.,Prashant Mishra Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajat Kumar Shukla, learned counsel for the applicant, Sri Prashant Mishra, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of BNSS has been filed by the applicant- Sandeep alias Thakur seeking enlargement on bail during trial in connection with Case Crime No.268 of 2024, under Sections 70(2), 351(3) BNS and 5G/6 POCSO Act and 67B I.T. Act, Police Station Baldeo, District Mathura. 4. The FIR of the matter was lodged on 8.7.2024 by Ajay Kumar against the applicant and four other persons alleging therein that his daughter who was born on 17.8.2006 as per High School mark-sheet was studying with another girl who somehow got Vikas introduced to her who committed rape upon her and captured objectionable photographs and made a video and then the said video and photographs were shown to Manish, Harvesh and Sandeep who were resident of the same village. Then on 2.7.2024 between 2 to 2.30 p.m. the other girl who was the friend of Bhanu called his daughter to her house for eating mutter paneer where Manish on the threat of showing the video to her parents and making it viral took her to the house in-front which was vacant where Manish, Harvesh and Sandeep committed rape on her and made a video of it and threatened to make it viral and also threatened her family members. They then made the video viral and then he came to know of the incident and asked her who then told him about the incident. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not involved in the present matter. While placing para 10 of the affidavit filed in support of bail application and annexure no.5, it is submitted that on the date of incident the applicant was preparing for his competitive exam in Drishty Library Centre Baldeo at 1 p.m. to 5 p.m. which can be seen from the CCTV footage of the coaching centre but the Investigating Officer has not collected the said evidence. It is argued that the implication of the applicant in the present matter is without any credible evidence. It is argued that the Investigating Officer has collected the Pendrive from the first informant but there is no incriminating material in it. The alleged incident is said to have taken place on 2.7.2024 but the FIR of the same has been lodged on 8.7.2024 which is after a delay of six days for which there is no plausible explanation given. It has also been pointed out that the applicant is not having any criminal history as stated in para 19 of the affidavit and is in jail since 11.7.2024. 6. Per contra learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and argued that the victim is a minor girl as her date of birth is 17.8.2006 and as such she was aged about 17 years at the time of incident. It is submitted that in the present case the accused is being prosecuted under the provisions of I.T. Act also since there is a video which was circulated and has been collected during investigation. It is submitted that the bail of co-accused Vikas being Criminal Misc. Bail Application No.45162 of 2024 has been rejected vide order dated 24.2.2025 by a coordinate Bench of this Court. The informant has collected the said video and photograph which has been given to him by the first informant. It is submitted that the present case is a case of gang rape, as such bail application of the applicant be rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a minor girl. The alleged video and photograph have been collected by the Investigating Officer during investigation. The applicant is named in the FIR and also in the statement of the victim recorded during investigation. The present matter is a matter of gang rape. In so far as the alibi of the applicant is concerned, the same is a matter of trial to be proved therein. The bail of co-accused Vikas has been rejected by a coordinate Bench of this Court. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 8.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad