Neutral Citation No. - 2025:AHC:102561 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20291 of 2025 Applicant :- Babi Kumar Alias Babbi Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Vinod Kumar Tiwari, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Babi Kumar @ Babbi, seeking enlargement on bail during trial in connection with Case Crime No. 232 of 2024, under Sections 376, 506 IPC and Section 67 I.T Act, registered at P.S. Kerakat, District Jaunpur. 4. The FIR of the matter was lodged on 23.06.2024 by the victim against the applicant alleging therein that the applicant from somewhere got her mobile number and used to threaten her on it. On 10.01.2024 he came to her house at about 11:00 pm and established physical relationship with her and clicked her nude photographs secretly and then started threatening her and told her that whenever he calls her she has to come for establishing physical relationship with him due to which she was mentally disturbed. When he called her once but she did not go then he has sent her nude photographs to her brother, her uncle and other villagers on Whatsapp. He also called her on phone and sent nude photographs on her Whatsapp and threatened her repeatedly. He has also sent photographs through Facebook, Instagram and social media which are nude photos and threatened her of causing disrepute to her. He said that her marriage would not be solemnized anywhere. He threatens that he would murder her brother and no one would take any action against him since he has good contacts with the police. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the relationship between the applicant and the victim was a consensual relationship. It is submitted that the victim was medically examined on 25.06.2024 and the doctor found her habitual to sexual intercourse thus there is no corroboration of allegation of rape through medical evidence. It is submitted that the FIR has been lodged after about five months of the said incident for which there is no plausible explanation given. It is submitted that the trial in the matter has started in which the statement of the victim has been recorded in part, copy of which is annexed as annexure 8 to the affidavit in which she has been examined as PW-1. It is submitted that in the said statement the victim states that she has not been shown photographs available on record. It is submitted that the applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 24.06.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the victim is being cross examined in the trial and the cross examination is continuing. It is submitted that considering the said statement at the stage would not be in the fitness of things since her statement has not been recorded in full. It is submitted that the applicant is named in the FIR, in her statements of the victim recorded during investigation and there are allegations against him. It is submitted that the mobile of the applicant was collected during investigation in which photographs of the victim have been recovered. It is submitted that as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the FIR and in the statements of the victim recorded during investigation. The cross examination of the victim is yet to conclude. She is being examined as PW-1 before the trial court. Considering incomplete statement at the stage would not be in the fitness of things. No ground for bail is made out. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected at this stage. 10. Pending application(s), if any, stand disposed of. Order Date :- 2.7.2025/M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad