Neutral Citation No. - 2025:AHC:83492 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16951 of 2025 Applicant :- Abhimanyu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Singh,Sachin Malik Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sachin Malik, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.1166 of 2024, under Sections 69, 318(4), 308(2), 351(2) B.N.S., Police Station Kavi Nagar, District Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had later on refused to comply with the said promise. 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 victim is 25 years old. It is true that from the mobile of the applicant, certain indecent photographs and video of the victim were recovered, but there is no evidence of making them viral. It was a consensual relationship between two major persons. As far as money transactions are concerned, it is two way. The victim has also transferred money to the account of the applicant and so as the applicant. 6. Learned counsel for the applicant has further argued that there is no clinching evidence to suggest that the applicant misled the victim from the beginning. The informant has converted a failed consensual physical relationship into a criminal case. The criminal history of one case assigned to the applicant stands explained as the matter is below seven years and he has applied for bail in the said case. The applicant is languishing in jail since 29.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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 the applicant had not made viral any indecent photographs and video of the victim and also taking into consideration the judgments of the Supreme Court passed in Pramod Suryabhan Pawar vs. State of Maharashtra and Another, 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, 2022 SCC OnLine SC 886 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. 9. Let the applicant- Abhimanyu Singh, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 19.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad