Neutral Citation No. - 2025:AHC:64787 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12660 of 2025 Applicant :- Sachin Alias Pushpendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bhupendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bhupendra Singh, learned counsel for the applicant, Sri Pankaj Kumar Mishra, learned counsel for the informant as well as Ms. Ifrah Islam, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0361 of 2024, U/S 64, 333 B.N.S. and 66 I.T. Act and 3/4 of Protection of Children from Sexual Offences Act, Police Station Friends Colony, District Etawah, during the pendency of trial. PROSECUTION STORY: 4. The applicant is stated to have edited the photograph of the victim and posted it on whatsapp and thereby threatened the victim and had committed rape with her on 12.10.2024 at about 5.30 pm and again on 5.12.2024 at about 8.00 pm by barging into her house. The applicant is stated to have taken certain indecent photographs and video of the victim and made them 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 and there is no explanation of the said delay caused. 7. The applicant has a strong alibi on the date of offence alleged to have been committed by him, as he was not present at the place of occurrence. Rather, he was present at hotel Dr. Krishna Palace on 5.12.2024 from 8.00 pm to 9.15 pm. The said report has been filed as Annexure-7 collectively alongwith certain photographs showing her consent. 8. The applicant is languishing in jail since 25.12.2024 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: 9. The bail application has been opposed on the ground that that the applicant has misused his clout and the trust of the victim by making viral the indecent photographs and video of her. The said photos and video have been recovered from his mobile and from the same mobile, the Instagram ID in the name of the victim was also recovered, which was generated by using the e-mail ID of the applicant. The applicant had posted the said indecent photographs of the victim using the same Instagram ID. 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 had posted the indecent photographs and video of the victim on instagram, thereby tarnishing her image, 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. 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. 13. 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 :- 28.4.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad