Neutral Citation No. - 2025:AHC:114492 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18180 of 2025 Applicant :- Somesh Alias Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Vishvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Vishvendra Singh, learned counsel for the applicant and Sri Triveni Sharan Rai, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 27.05.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Somesh @ Sonu, seeking enlargement on bail during trial in connection with Case Crime No. 49 of 2025, under Sections 64(1), 351(2) B.N.S., Police Station Shahganj, District Agra. 5. The first information report of the present matter was lodged on 31.01.2025 by the victim against the applicant alleging therein that the applicant is her neighbour. He used to trouble her since the last 2-3 years. A complaint was made in his house but he did not change his actions. He threatened her to meet her or else he would make her objectionable photographs viral. He on showing her photographs established physical relationship with her many times. Now she has refused it. On 28.01.2025 at about 8.30 pm he made her photographs viral. A report be lodged and action be taken. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl aged about 30 years as her date of birth is 03.02.1994. It is submitted that the victim has stated that her photograph was taken by the applicant when she was taking bath and had received a phone call of the applicant of which he had taken a screenshot but she has deleted the same. It is submitted that when the applicant was arrested no mobile has been recovered. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted but neither the mobile phone of the applicant has been recovered nor there is any photograph recovered which was made viral by the applicant nor there is any evidence to the said effect. It is submitted that the relationship between the applicant and the victim was a consensual relationship. It is submitted that the applicant and the victim knew each other since the last five years and there was friendship between them. The applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 20.03.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that any mobile of the applicant or any objectionable video of the victim as alleged to have been made viral has been recovered during investigation. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl aged about 30 years. The applicant and the victim knew each other since the last five years and there was friendship between them. It was only when the victim asked him to marry and when he refused, the present first information report has been lodged. 9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 10. Let the applicant- Somesh @ Sonu, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. The bail application is allowed. 13. Pending application (s), if any, shall stand disposed of. Order Date :- 16.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad