Neutral Citation No. - 2025:AHC:52829 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11794 of 2025 Applicant :- Najid Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Kumar Tiwari, learned counsel for applicant and Sri Anit Kumar Shukla, 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 Abdul Kadir 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. 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. 6. 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 and the applicant is not entitled to be enlarged on bail. 7. 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. 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 :- 10.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad