Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 39800 (ALL)

ADITYA @ RAHUL v. STATE OF U.P. AND 3 OTHERS

BAIL/12331/2025 · 2025-05-25

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:89461 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12331 of 2025 Applicant :- Aditya @ Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Pal Singh Counsel for Opposite Party :- G.A.,Mool Chandra Maurya Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Counter affidavits filed by learned A.G.A. and learned counsel for the informant are taken on the record. 3. Heard Sri Ram Pal Singh, learned counsel for applicant, Sri Mayank Maurya, Advocate holding brief of Sri Mool Chandra Maurya, learned counsel for the informant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 4. The present bail application has been filed by the applicant in Case Crime No.144 of 2023, under Sections 376, 504, 506 I.P.C. & Section 3/4 of Protection of Children from Sexual Offences and 67 of the I.T. Act, P.S. - Marhara, District- Etah with the prayer to enlarge him on bail. 5. Learned counsel for the applicant submits that during trial, three prosecution witnesses have been examined i.e. P.W.- 1/informant, P.W.2/victim and P.W.3/eye-witness and there are several inconsistencies in their statements. The victim in her statement recorded under Section 164 Cr.P.C. has categorically stated that she herself had prepared obscene photographs and video of her and had given them to the applicant and she does not know as to who had made her photographs and video viral. 6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is in jail since 07.09.2023 and is ready to cooperate with trial. In case, he is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the said indecent photographs and video of the victim have been made viral from mobile no.8700687455 and the said number belongs to the applicant and as such the said act of the applicant ruined the life of the victim, therefore, the applicant does not deserve any sympathy by this Court. 8. After hearing learned counsel for the parties and taking into consideration the fact that the said indecent photographs and video of the victim have been made viral by mobile no.8700687455, which belongs to the applicant and it indicates his complicity in the said offence, 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. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments 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. 11. 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 :- 26.5.2025 Sachin (Justice Krishan Pahal) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad