Neutral Citation No. - 2025:AHC:86073 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10642 of 2025 Applicant :- Monu Opposite Party :- State of U.P. Counsel for Applicant :- Satyvrat Tripathi Counsel for Opposite Party :- G.A.,Puran Nath Shukla,Sarita Dwivedi Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satyvrat Tripathi, learned counsel for the applicant and Sri Puran Nath Shukla, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.204 of 2024, under Sections 64, 308(2), 351(2), 351(3) and 352 B.N.S., Police Station- Rajapur, District- Chitrakoot, during the pendency of trial. 4. As per prosecution story, the applicant had seen the victim taking bath, as such, video recorded the said act upto her bedroom and started blackmailing her to make it viral and kept on raping her for a substantial period of time and had even extorted lakhs of rupees from her. There are other allegations against the applicant also. 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. There is no date and time of said incident mentioned in the FIR and there is no recovery of any video of the victim whatsoever, as such, the allegations are per se false. 6. Learned counsel for the applicant has further stated that the victim is admittedly major as she is a married lady and she is 28 years old. The applicant himself is a youth of 20 years old and he is the brother-in-law (Dewar) of the victim. Learned counsel has stated that the instant case is misuse of rape laws and family laws. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident either. The criminal history of one case assigned to the applicant stands explained as he is on bail in the said case, which was bailable. The applicant is languishing in jail since 1.10.2024 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. Learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that applicant has misused his clout and several audio and WhatsApp chats between the parties have been taken in possession by the Investigating Officer, but they could not dispute that there is no recovery of any video whatsoever. 9. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the age of the victim coupled by the fact that there is no recovery of any video whatsoever, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Monu, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall 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 :- 21.5.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad