Neutral Citation No. - 2025:AHC:66082 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12873 of 2025 Applicant :- Shyam Gahlot Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Sharan Tripathi,Vinod Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Pal Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vinod Singh, learned counsel for the applicant and Sri Rajesh Kumar Pal, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and also perused the material available on record. 3. Applicant seeks bail in Case Crime No. 91 of 2025, under Sections 74, 351(2), 126(1), 65(1) B.N.S. and Section 3/4(2) of POCSO Act, Police Station - Hathras Gate, District - Hathras, during the pendency of trial. PROSECUTION STORY: 4. The applicant is stated to have outraged the modesty of the victim on her way from school on 14.02.2025 at about 03:00 pm. ARGUMENTS ON BEHALF OF APPLICANT: 5. The applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR. 6. The FIR is delayed by about six days and there is no explanation of the said delay caused. 7. In the statement of the victim recorded u/s 180 and 183 B.N.S.S, she has changed the prosecution story altogether and she has stated that she was raped by the applicant by taking her to a hotel on 24.01.2025 i.e. about one month before the said institution of the FIR and she has even named the said hotel. 8. The manager of the hotel has not corroborated the said allegations of rape rather he has stated that one girl and two boys have come to a hotel and lady has gone to the washroom, as such, the said allegations are false. 9. There is no medical corroboration of the incident. 10. The applicant is languishing in jail since 05.03.2025, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. ARGUMENTS ON BEHALF OF INFORMANT/ STATE BY STATE LAW OFFICER: 11. The bail application has been opposed on the ground that applicant had clicked certain indecent photographs and video of the victim and had made them viral on social media. The screenshot of the said photographs and video are available with him and is ready to produce them. 12. After putting a query to the learned State Law Officer she has stated that the investigating officer had taken into possession the said four photographs and has stated that he did not find the source of the said photographs as no Id is mentioned in it, as such, the fact of making the said indecent photographs and video viral cannot be fortified. CONCLUSION: 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the rival submissions the fact that FIR is delayed by about six days, coupled by the fact that the allegations have subsequently been changed drastically and also there being no positive finding as per the investigating officer regarding recovery of indecent photographs and video, pending trial and considering the complicity of accused, severity of punishment, at this stage, 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. 14. Let the applicant- Shyam Gahlot , 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. 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 :- 29.4.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad