Neutral Citation No. - 2025:AHC:84137 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17234 of 2025 Applicant :- Vinay Kumar Alias Banti Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,Tiwari Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anurag Shukla, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.62 of 2025, under Sections 376, 406, 420, 504 and 506 I.P.C., Police Station Dibiyapur, District Auraiya, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim in the year 2015 and kept on maintaining the said relationship as he had clicked certain indecent photographs of her and had threatened her to make it viral on social media. 5. Subsequently the families had agreed to marry the applicant and the victim and the applicant is stated to have received Rs.2.5 lakhs from the father of the victim, but it was revealed that the applicant had already married elsewhere in Samuhik Vivah Sammelan on 22.01.2025. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. The FIR is delayed by about ten years from the initial incident and the victim is 23 years old at this point of time. The allegations have deliberately been inflated by the victim just to make the matter fall under the provisions of POCSO Act. 7. Learned counsel for the applicant has further argued that there is no evidence whatsoever of the applicant having clicked any indecent photographs of the victim. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 15.02.2025 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 delay in institution of the FIR and there being no medical corroboration of the incident, 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- Vinay Kumar Alias Banti, 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 :- 20.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad