Neutral Citation No. - 2025:AHC:80051 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15382 of 2025 Applicant :- Shiva Kumar Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Hari Narayan Singh, learned counsel for the applicant and Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 171 of 2025, under Sections 69, 351(2) BNS Police Station Sahjanwa, District Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had video recorded the said act and also clicked certain indecent photographs of her and threatened her to make it viral on social media and even got her marriage terminated agreed to be solemnized elsewhere. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed and there is no date and time mentioned in it. 6. Learned counsel has also stated that there is nothing on record to suggest that the applicant had made viral the said indecent photographs of the victim. The victim is major aged about 24 years. The applicant himself is a youth aged about 25 years and both of them had fallen apart subsequently, as such the instant FIR has been instituted. The recovery of video and photographs has been made from the mobile of the applicant but there is no evidence that he has made it viral anywhere. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 25.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR coupled by the fact that the victim is major aged about 24 years, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Shiva Kumar Bharti , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 15.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad