Neutral Citation No. - 2025:AHC:82485 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16866 of 2025 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Geetam Singh, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.75 of 2025, under Sections 64(1), 61(2) B.N.S., Police Station Harduaganj, District Aligarh, during the pendency of trial. 4. As per prosecution story, the co-accused person Sachin is stated to have attempted to commit rape with the victim in the month of July, 2024 and had clicked certain indecent photographs and video of her. 5. The marriage of the victim was to be solemnized on 01.03.2025. The applicant came to the house of erstwhile groom of the victim and had shown the said indecent photographs and video to him and got the said marriage terminated. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There are no allegations against the applicant in the FIR except that of getting the said marriage terminated. The allegations have been escalated to that of gang-rape by the victim in her statement recorded under Section 183 B.N.S.S. after legal consultation. 7. Learned counsel for the applicant has further argued that there is no recovery of any photographs or video from the applicant or any other person whatsoever. There is no criminal history of the applicant. The applicant is languishing in jail since 30.03.2025 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 are no allegations against the applicant in the FIR and there is no recovery of any indecent photographs or video from the applicant or any other person, 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- Ajay, 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