Neutral Citation No. - 2025:AHC:68884 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13185 of 2025 Applicant :- Danish Alias Liyakat Opposite Party :- State of U.P. Counsel for Applicant :- Bijendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bijendra Kumar Mishra, learned counsel for the applicant and Sri Mohd. Sahibe Alam, Advocate holding brief of Sri Pushpendra Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 349 of 2024, under Sections 333, 64, 123, 351(3) of BNS and Section 67 of Information Technology Act, Police Station - Narsena, District - Bulandshahr, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed sexual assault with the victim in the month of September, 2023 and had video recorded the said act. He is even stated to have extorted the victim and demanded money lest he shall make viral her indecent video on social media. On 30.11.2024, the applicant is even stated to have sent her indecent video from the mobile number 9720653301 to the mobile numbers of the informant and his niece through whatsapp, thus, maligned the victim. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 21 days from the date of making the said indecent video viral, as such, it is a clear cut case of false implication. The false implication of the applicant stands fortified from the fact that the said mobile number from which the alleged indecent video of the victim is stated to have been sent, has been issued in the name of victim only, as such, he has been falsely implicated in the case. 6. Learned counsel has further stated that the victim is the consenting party. The applicant has no criminal history and he is languishing in jail since 08.01.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. and learned counsel for the first informant have vehemently opposed the bail application on the ground that the applicant used four mobile numbers and he got two sim cards by using the ID of the victim which were 9720008782 & 9720653301. One of the said numbers has been used to make the said indecent video viral. The victim has categorically stated before the Investigating Officer and in her statement recorded u/s 183 BNSS that she uses mobile number 8273623296 only and she has never used the said two numbers got issued in her name by the applicant, as such, the applicant is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the fact that the applicant had misused his clout and made the indecent video of the victim viral and sent them to the informant and his niece through whatsapp, I do not find it a fit case to release the applicant on bail. 9. The bail application is, accordingly, rejected. 10. 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. 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:- 1.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad