Neutral Citation No. - 2025:AHC:80259 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16375 of 2025 Applicant :- Ankit Benvanshi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 26.4.2025. 3. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.394 of 2024, under Sections 64, 351(3) B.N.S. and 5/6 POCSO Act, Police Station- Jalalpur, District- Jaunpur, during the pendency of trial. 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 applicant is not named in the FIR and his name is even absent in the statement of victim recorded U/s 180 B.N.S.S. 6. Learned counsel for the applicant has further stated that the applicant has been subsequently implicated in this case on the basis of statement of victim recorded U/s 183 B.N.S.S. The said statement has been recorded after 15 days of institution of FIR that too after legal consultation. The FIR itself is delayed and there is no explanation of the said delay caused. 7. It is also argued by learned counsel for the applicant that there is no evidence against the applicant of having made viral the said indecent video of the victim viral, as such, the provisions of Section 67 I.T. Act against the applicant have been removed by the investigating agency. Learned counsel has stated that the case of applicant is at different footing to the named accused person Sujeet Bind. 8. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. The case of the applicant stands distinguished to the named accused person Sujeet Bind. 11. 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 coupled by the fact that applicant is not named in the FIR and there is no evidence against him of having made viral the indecent video of the victim, 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. 12. Let the applicant- Ankit Benvanshi, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad