Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:59458 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11179 of 2025 Applicant :- Ayush Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Mahendra Prakash, learned counsel for applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. The present bail application has been filed by the applicant in Case Crime No.236 of 2024, under Sections 64(2), 115(2), 351(3), 308(2) B.N.S. and Section 67 I.T. Act, Police Station Kadadham, District Kaushambi with the prayer to enlarge him on bail.
4. As per prosecution story, the applicant is stated to have committed rape with the victim on 10.12.2024 at about 5:00 p.m. and video recorded the said act and had made it viral by sending it to her husband thereby tarnished her image and damaged her family life.
5. Learned counsel for the applicant has stated that the FIR is delayed by about six days and there is no explanation of the said delay caused. The victim is a married lady having two children. She is 27 years old. It is a clear-cut case of false implication.
Learned counsel has further stated that the applicant is in jail since 18.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the video send to the husband of the victim has been recovered by the investigating officer and is a part of case diary, as such, the applicant has misused his clout. The victim may have been a consenting party, but sending the said video speaks volume of his intentions to malign the victim in addition to establishing corporeal relationship with her.
7. After hearing learned counsel for the parties and taking into
consideration the fact that the applicant had sent the said indecent video to the husband of the victim to the best reasons known to him, I do not find it a fit case for grant of bail to the applicant.
8. The bail application is found devoid of merits and is, accordingly, rejected.
9. 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 :- 22.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad