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2025 DAILYLAW 52349 (ALL)

PRIYANSHU AGRAVANSI @ MINTU v. STATE OF U.P. AND 3 OTHERS

BAIL/15317/2025 · 2025-05-20

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85751 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15317 of 2025 Applicant :- Priyanshu Agravansi @ Mintu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Prakash Pandey,Mohan Lal Pandey,Sheetala Prasad Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sheetala Prasad Pandey, learned counsel for the applicant and Sri Amarnath Tiwari, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.522 of 2024, under Sections 64(1), 351(2), 108, 62 B.N.S. and 3/4 POCSO Act, Police Station- Cantt., District- Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have befriended the victim on social media and had established corporeal relationship with her by be-fooling her and had clicked certain indecent video and photographs of her, thereby blackmailed her to make them viral on social media and kept on establishing the said relationship for a substantial period of time. 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. The FIR is delayed as there is no date and time of initial offence mentioned in it. Although it is stated that applicant had blackmailed the victim to make the said indecent video and photographs viral, but there is no recovery of any video or photographs whatsoever. 6. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. victim is major and as per her own statement she is 19 years old. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 12.3.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that there are certain indecent conversations between the parties whereby the applicant had threatened her and even abetted her to commit suicide and he has also passed certain indecent remarks to her, as such, he is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the age of the victim and there being no medical corroboration of the incident coupled by the fact that there is no recovery of any video or photographs whatsoever, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Priyanshu Agravansi @ Mintu, 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 21.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad