Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82245 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15951 of 2025 Applicant :- Surjeet Alias Kranti Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Pradeep Kumar Yadav, Advocate holding brief of Sri Ajay Kumar Yadav, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.56 of 2025, under Sections 69, 109(1), 351(2), 351(4), 352 B.N.S. and Section 67A I.T. Act, Police Station Tundala, District Firozabad, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim by entangling her in his net and continued it for a substantial period of time. The applicant is even stated to have video recorded the said act and clicked certain indecent photographs of the victim and had even demanded Rs.30,000/- as extortion money from her on 02.02.2025.
5. The applicant is even stated to have made the said photographs and video viral on social media.
6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no recovery of any photographs or video by the Investigating Officer. Only the victim has supplied him some photographs, but she has not mentioned the source of the said photographs.
7. Learned counsel for the applicant has further argued that the victim has categorically denied that the said photographs or video have been made viral by the applicant, as such, the prosecution
story is false. The victim is major and a married lady having three children. There is no criminal history of the applicant. The applicant is languishing in jail since 03.03.2025 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. 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 fact that there is no recovery of any photographs or video 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- Surjeet Alias Kranti 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 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 :- 17.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad