Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24459 of 2025 Court No. - 65 (Sr. No.107 out of 243) HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Raj Kumar Gupta, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. Learned counsel for the informant is not present.
3. Applicant seeks bail in Case Crime No.59 of 2025, under Sections 69, 351(3) BNS and 66-E of I.T. Act, Police Station Tejibazar, District Jaunpur, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about three years and there is no explanation of the said delay caused. The victim is a married women, aged about 34 years, having three children. The victim is a consenting party.
5. Learned counsel for the applicant has further argued that there is no recovery of any indecent photograph or video of the victim, as such, it is a clear cut case of false implication. It has also not come up on record that where the applicant made the said indecent photograph or video viral. The applicant has no criminal history and is in jail since 2.6.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. Versus Counsel for Applicant(s) : Raj Kumar Gupta, Satish Kumar Singh, Shashi Shankar Shukla, Vishvajeet Pandey Counsel for Opposite Party(s) : Ashok Kumar Upadhyay, G.A., Yasharth Upadhyay Vinay Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. Learned A.G.A. has vehemently opposed the bail application on the ground that the photograph and video of the victim have been provided to the Investigating Officer by the victim herself in a pen-drive, but he could not dispute the fact that there is nothing in the said pen-drive to prove that applicant sent the said indecent photograph or video of the victim to her.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay in institution of FIR, the age of the victim and also there being no recovery of any photograph or video of the victim whatsoever from the applicant, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Vinay Singh, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 12, 2026 Vikas Verma BAIL No. 24459 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad