Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74554 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12381 of 2025 Applicant :- Vimal Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. Compliance affidavit filed by learned A.G.A. is taken on record.
2. Heard learned counsel for the applicant as well as Sri A.K. Tripathi, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 31 of 2025, U/S 69, 351(2) B.N.S., Police Station Adampur, District Amroha, 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 subsequently refused to comply with the said promise. The applicant is stated to have clicked certain indecent photographs of her and posted the same on facebook ID made in her name by the applicant, thereby committing breach of trust.
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 one and a half months and there is no explanation of the said delay caused.
7. The victim is the consenting party, and is major.
8. The applicant is languishing in jail since 11.3.2025, 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:
9. The bail application has been opposed on the ground that that it is true that the applicant had generated the said facebook ID of the victim by using her mobile only but the IMEI number of the device, which was found in possession of the applicant matches with the use of the applicant only and subsequently, the applicant from his mobile number 7088142158, had posted the said indecent photographs on facebook ID. The said fact stands established during investigation by the Investigating Officer. The photocopy of the report of the Inspector Incharge dated 2.5.2025 has been filed with the compliance affidavit. CONCLUSION:
10. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, the fact that the applicant has made viral the said indecent photographs of the victim by posting them on facebook ID, without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail.
11. The bail application is, accordingly, rejected.
12. 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