Neutral Citation No. - 2025:AHC:73339 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15332 of 2025 Applicant :- Abhishek Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hardev Singh,Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ramesh Chandra Agrahari, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.49 of 2025, under Sections 376(2)n, 354(Ga), 323, 384 I.P.C. and 67 I.T. Act, Police Station- Beta-2, District- Gautam Buddha Nagar, during the pendency of trial. 4. As per prosecution story, there were parlays going on between the parties for their marriage, but in the meantime the applicant is stated to have recorded an indecent video of the victim while bathing and threatened her to make it viral on social media, as such, established corporeal relationship with her. 5. It is further alleged that the applicant is even stated to have continued the said blackmailing after marriage of the victim and had even sent the said video to her in-laws including her husband, whereby her in-laws sent her off from their house. 6. 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 two days and there is no explanation of the said delay caused. The victim is obviously major as she is a consenting party. 7. Learned counsel for the applicant has further stated that there is no medical corroboration of the incident and there is no other corroboration either as there is no recovery of any video by the Investigating Officer. A photograph is stated to have been recovered, which is not indecent and it may be termed as normal photograph of two persons. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.2.2025 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. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and there being no medical corroboration of the incident coupled by the fact that there is no recovery of any video whatsoever by the Investigating Officer, 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. 10. Let the applicant- Abhishek Kumar, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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 :- 7.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad