Neutral Citation No. - 2025:AHC:55602 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12260 of 2025 Applicant :- Abdul Kadir Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sudhir Kumar Tiwari, learned counsel for applicant and Sri Sunil Kumar, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.339 of 2024, under Sections 70(1), 351(2) B.N.S. and 67 I.T. Act, Police Station- Shishgarh, District- Bareilly with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant alongwith co-accused person Najid is stated to have tied the aunt of the victim to a tree and had forced the victim into sugarcane field and committed gang-rape with her on 6.12.2024 at about 02:00 p.m. The applicant and co-accused person are stated to have video recorded the said act and made it viral on social media. 5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed by about two days and there is no explanation of the said delay caused. There is no medical corroboration of the incident. Learned counsel has further stated that there is no evidence that applicant had made viral the said indecent video of the victim. 6. Learned counsel for the applicant has further stated that the applicant is not the person who had made the said indecent video of the victim viral. It is co-accused person Najid, as such, the applicant is entitled for bail. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 9.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the indecent video of the victim has been made viral in the social media and it was sent as whatsapp message to the brother of the victim also, as such, it is an open and shut case. The applicant alongwith co-accused person Najid had committed gang-rape with the victim, as such, he was hand in glove with the co-accused person. 8. After hearing learned counsel for the parties and taking into consideration that the said video has been made viral by the applicant and co-accused person, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. 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 :- 16.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad