Neutral Citation No. - 2025:AHC:118859 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18232 of 2025 Applicant :- Abhishek Singh Alias Gulab Opposite Party :- State of U.P. Counsel for Applicant :- Subir Lal Counsel for Opposite Party :- Akhilesh Kumar Mishra,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Rejoinder affidavit filed today is taken on record. 3. Heard Sri Swetashva Agrawal, Advocate holding brief of Sri Subir Lal, learned counsel for applicant, Sri Akhilesh Kumar Mishra, learned counsel for the informant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 4. This is the second bail application on behalf of the applicant. The first one was rejected by this Court vide order dated 3.9.2024 passed in Criminal Misc. Bail Application No.20314 of 2024. 5. The present bail application has been filed by the applicant in Case Crime No.78 of 2024, under Sections 328, 376, 417, 506 IPC and Section 67 I.T. Act, Police Station Belghat, District Gorakhpur with the prayer to enlarge him on bail. 6. As a new ground, learned counsel for the applicant has invoked the provisions of Section 309(2) Cr.P.C., whereby it is provided that the cases pertaining to sexual assault may be decided within a period of two months after submission of charge-sheet and one year and three months have passed since the applicant is incarcerated as he is in jail since 14.04.2024. 7. Learned counsel for the applicant has further stated that the said photographs are not indecent, although some kissing photographs are there but they do not come within the category of indecency. The prosecution story stands falsified further from the fact that the victim has alleged that the applicant himself clicked the photographs while ravishing her, but the said photographs seems to be the selfies of the accused and the victim with consent. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 9. After hearing learned counsel for the parties and taking into consideration the fact that it is admitted by both the parties that the said photographs were posted on Instagram by the applicant and the said photographs malign the victim in society, I do not find it a fit case for grant of bail to the applicant. 10. The bail application is found devoid of merits and is, accordingly, rejected. 11. 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 Supreme 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. 12. 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 :- 22.7.2025 (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