Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41949 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17145 of 2024 Applicant :- Aakib Malik Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Satya Narayan Yadav,Sunil Singh Counsel for Opposite Party :- Archana Singh,G.A.,Tej Om Prakash Gupta Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Sunil Singh, learned counsel for applicant, Sri Tej Om Prakash Gupta, learned counsel for the informant, Ms. Archana Singh, learned counsel for the High Court Legal Services Committee, Sri R.P. Singh, learned State Law Officer for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.301 of 2023, under Sections 507, 376 IPC, Section 3/4 POCSO Act, Section 67 I.T. Act and Section 3(2)5 SC/ST Act, Police Station Dakshin, District Firozabad with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim and had clicked certain indecent photographs of the said act and blackmailed her that he shall make viral the indecent photographs of her on social medial. Subsequently, after marriage of the victim, the applicant had sent the indecent photographs to her husband and also posted them on Instagram. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The victim is a consenting party. There is no recovery of any indecent photographs or video from the mobile of the applicant. There is no proof that the said photographs have been made viral by the applicant on his Instagram. It is very natural for any unknown person to make fake IDs in the name of the applicant and post them, as such, the applicant is entitled for bail. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is in
jail since 22.07.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6.
Per contra, learned A.G.A., learned counsel for the informant and learned counsel for the High Court Legal Services Committee have vehemently opposed the bail application on the ground that there are two Instagram IDs of the applicant from which he has posted indecent photographs on social media, as such, has tarnished the image of the victim and ruined her marital life, as such, the applicant is not entitled for bail. 7. After hearing learned counsel for the parties and taking into
consideration the fact that the applicant had created two IDs on Instagram and had posted indecent photographs of the victim from them, I do not find it a fit case for grant of bail to the applicant.
8. The bail application is found devoid of merits and is, accordingly, rejected.
9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Apex Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment.
10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 21.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad