Neutral Citation No. - 2025:AHC:146160 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21493 of 2025 Applicant :- Anish Opposite Party :- State of U.P. Counsel for Applicant :- Srijan Pandey Counsel for Opposite Party :- G.A. Hon'ble Santosh Rai,J. 1. Second supplementary affidavit has been filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Anish, seeking enlargement on bail in Case Crime No.150 of 2025, under Sections 196, 353(1) (b), 353(1)(c) and 152 of the Bharatiya Nyaya Sanhita, 2023, Police Station Khekra, District Baghpat. 4. In the first information report it has been stated that accused- applicnt Anish has forwarded the video which is against the Prime Minister and obscene statement made viral from the facebook account of the accused-applicant. Further it has been mentioned in the F.I.R. that viral video is available in TOP Digital 24x7 Pakistani Channel. Main allegation against the applicant is that he has forwarded video from his mobile to others as alleged that said post/video made viral on Pakistani Channel. In the video and case diary fact has been mentioned that pakistani maulvi was using derogatory language against Prime Minister of India. During the course of investigation some mobile was recovered. 5. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this very case crime number. Accused Anish is a poor labour and he is uneducated. He forwarded the video due to mistake. He has not created video. He has not committed any offence with malafide intention. He further submitted that chargesheet has already been filed in this case. Cognizance has already been taken by the Magistrate. There is no reliable prosecution witness. The applicant is languishing in jail since 09.05.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 6. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant,Anish, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two heavy reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail Order Date :- 23.8.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad