Neutral Citation No. - 2025:AHC:68926 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10313 of 2025 Applicant :- Vishal Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aarushi Khare Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ishan Khare, Advocate holding brief of Ms. Aarushi Khare, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 275 of 2024, under Sections 328, 376, 504, 506 of I.P.C. and Section 67 of Information Technology Act, Police Station - Kotwali Auraiya, District - Auraiya, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have called the victim to his house and spiked her cold drink and after rendering her unconscious, had committed rape with her. The applicant is stated to have video recorded the said act and also clicked certain photographs of her thereby making them viral on facebook platform. 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. There are ample contradictions in the statement of the victim recorded u/s 164 Cr.P.C. to the FIR as on one hand, she has stated that she was called by the applicant to his house and on the other hand, she has stated that she had gone to the house of the applicant for seeing his mother. 6. Learned counsel has further stated that the victim is a married lady and there is nothing on record to suggest the name of the person to whom the applicant has sent the said indecent photographs of her. There is no criminal history of the applicant. The applicant is languishing in jail since 26.07.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the photographs and the screenshots of the photographs sent to several persons of the locality have been fetched and they were clearly indecent and the applicant has maligned her in the society, as such, he is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record and also considering the complicity of accused, severity of punishment coupled by the fact that the indecent photographs of the victim as have been produced before Court by learned State Law Officer, I do not find it a fit case to release the applicant on bail. 9. The bail application is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment. 11. 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:- 1.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad