Neutral Citation No. - 2025:AHC:74448 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11371 of 2025 Applicant :- Mohd Imran Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 5.4.2025. 2. Heard learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 352 of 2024, U/S 64(1), 115(2), 351(2), 352, 69, 65(1) B.N.S., 3/4(2) of Protection of Children from Sexual Offences Act and 66(E), 67, 67(A), 67-B I.T. Act, Police Station Nauchandi, District Meerut, during the pendency of trial. PROSECUTION STORY: 4. The applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had even raped her in the month of January, 2024 and continued to do the said act. He had made an indecent video of the victim and threatened her to make it viral on social media. ARGUMENTS ON BEHALF OF APPLICANT: 5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. 6. The FIR is delayed by about twenty-five days from the last date of offence and there is no explanation of the said delay caused. 7. There is no evidence that the applicant had made viral the said video or had sent it to any of the relatives of the victim and any other known person. The allegations have been made by the victim that the applicant had used her instagram ID only and the said allegations cannot be taken into consideration, as no other person can use any ID of another person. 8. The victim is major. She has changed her version about the date and is the consenting party. Subsequently, it is stated that the applicant had made viral the said video and the video has been given to the investigating officer by the brother of the victim. There is no source mentioned by the brother of the victim from where he had procured the said video, as such, the allegations are per se false and the said video cannot be relied upon. 9. The applicant is languishing in jail since 29.11.2024, having no criminal history and in case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/OPPOSITE PARTY: 10. The bail application has been opposed on the ground that the final report (charge sheet) has been submitted under Section 66E, 67, 67A, 67B I.T. Act as well. The video was recovered by the investigating officer from the brother of the victim and he had himself seen the said video and found it indecent and had identified the victim in it, as such, the applicant is not entitled for bail, as such, the applicant is not entitled for bail. CONCLUSION: 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the video having been recovered by the investigating officer and was found to be indecent, without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail. 12. The bail application is, accordingly, rejected. 13. 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. 14. 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 :- 8.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad