Neutral Citation No. - 2025:AHC:86605 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16324 of 2025 Applicant :- Nagendra Alias Tafi Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Gupta,Priyavrat Tripathi Counsel for Opposite Party :- G.A.,Juned Alam Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Priyavrat Tripathi, learned counsel for the applicant and Sri Juned Alam, learned counsel for the informant as well as Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 45 of 2025, under Sections 64, 352, 351(2) of BNS and Sections 67 of I.T. Act, Police Station Vishunpura, District Kushi Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have clicked certain indecent photographs of the wife of the informant and had established corporeal relationship with her and had sent the indecent photographs to her son and daughter and had even sent to the erstwhile husband of the daughter of the informant. 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 explanation of the said delay caused. 6. Learned counsel has also stated that the allegations are per se false. The victim is the consenting party and is a married lady aged about 40 years and applicant himself is a youth aged about 23 years only. There is no recovery of any photographs or video whatsoever. There is no medical corroboration of the incident. The allegations have subsequently been escalated in the statement of the victim recorded under section 183 BNSS after legal consultation. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 12.04.2025 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 and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant has misused his clout and has sent the indecent photographs to the would-be husband of the daughter of the victim and got the said marriage terminated. The husband of the informant had gone out to Saudi Arabia for employment and the applicant used the said absence to his advantage, as such the applicant is not entitled for bail. 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 there is no medical corroboration of the incident and there is no recovery of any indecent photographs whatsoever, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Nagendra Alias Tafi, 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 :- 22.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad