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Neutral Citation No. - 2025:AHC:68248 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2100 of 2025 Applicant :- Abrar Ahmad Khan Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Surendra Mohan Mishra, learned counsel for applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State.
3. The present bail application has been filed by the applicant in Case Crime No.139 of 2024, under Sections 354Ka, 376(2)N I.P.C. and 67 I.T. Act, Police Station- Mohana, District- Siddharth Nagar with the prayer to enlarge him on bail.
4. As per prosecution story, the applicant is stated to have outraged the modesty of the victim and had even clicked certain indecent photographs of her from his mobile and threatened the victim to make them viral on social media on 28.7.2024.
5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed and no time of offence is mentioned in it. There is no recovery of any indecent video or photographs from the applicant, as such, the prosecution story stands falsified. Learned counsel has stated that earlier on another FIR was instituted by the informant and the matter was settled. The said compromise has been filed as Annexure-12 to the affidavit filed with bail application. There is no other criminal antecedent of the applicant. The applicant is languishing in jail since 23.9.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that there is statement of one Mukim who has stated that applicant had sent several indecent
photographs of the victim through the WhatsApp of his mobile number and he has supplied the said photographs in pendrive to the Investigating Officer, which was taken in possession by him.
7. It is also argued by learned A.G.A. that the compromise earlier was also executed on the ground that applicant and his family members shall not make any indecent photographs of the victim viral on any social media platform, as such, the applicant is not entitled for bail.
8. After hearing learned counsel for the parties and taking into
consideration that applicant had made the said indecent photographs of the victim viral, thereby, ruining her life, I do not find it a fit case for grant of bail to the applicant.
9. The bail application is found devoid of merits and is, accordingly, rejected.
10. 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 :- 30.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad