Neutral Citation No. - 2025:AHC:71427 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1240 of 2025 Applicant :- Nishikant Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Sakshi Jaiswal,Vimal Kumar Pandey Counsel for Opposite Party :- Bhaskar Bhadra,G.A.,Rajveer Chaurasiya Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vimal Kumar Pandey, learned counsel for applicant, Sri Rajveer Chaurasiya, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material available on record. 3. The present bail application has been filed by the applicant in Case Crime No.376 of 2024, under Sections 376(2)(n), 504, 506 IPC and 67 I.T. Act, Police Station Kotwali Nagar, District Mahoba with the prayer to enlarge him on bail. PROSECUTION STORY: 4. The applicant is stated to have befriended the victim and had outraged her modesty on the false promise of marriage and even video recorded the said act. 5. The applicant is even stated to have threatened her to make it viral and had hurled abuses at her. ARGUMENTS ON BEHALF OF APPLICANT: 6. There is no date and time of offence mentioned in the FIR, as such, the FIR is delayed. 7. The victim is a consenting party, as such, no offence under Section 376 I.P.C. is made out against the applicant. 8. The allegations have been escalated to that of rape by her in the statement recorded under Section 183 B.N.S.S., whereby she has stated that the applicant had spiked her drink and rendered her unconscious and had raped her and video recorded the said act and clicked certain indecent photographs during her state of unconsciousness. 9. The victim has further stated that at the said time, the applicant had even changed the I.P. and data of her mobile to kept a vigil on her. The applicant even threatened her other family members to make the said photographs and video viral. Later on, the applicant had posted certain indecent photographs and video on Face-book and Instagram and had sent them to her relatives. 10. The said allegations have been made after legal consultation. 11. An anonymous complaint was received by the police regarding publishing and transmitting sexually obscene material in electronic form and the said anonymous report indicated that there were five numbers which were being used by the applicant. One of the said number is 9576473420, but there is nothing on record to suggest that the applicant had made viral any photographs or video using any of the said numbers, as such, he has been falsely implicated in the present case. 12. The Investigating Officer also furnished details from the head office of Whats-App company regarding the mobile number 9793934487, but the said number does not belong to the applicant. 13. There is no criminal history of the applicant. He is in jail since 18.11.2024 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT: 14. The bail application has been opposed on the ground that the applicant had misused his clout and relationship with the victim, whereby it is admitted that she was a consenting party, but by misusing her trust he had changed the number which was being used for the I.D. of the victim. 15. Initially the number being used by the applicant was 9219601930 and later on changed it with alternate number i.e. 9576473420, as such, had tarnished her image. She has nowhere to go. CONCLUSION: 16. After hearing the rival submissions advanced by learned counsel for the parties and taking into consideration the fact that the modus operandi of the applicant of having changed the mobile number in the Instagram I.D. of the victim and had posted certain photographs which were tagged with indecent remarks, which are being withheld for the sake of sanctity of the character of the victim, I do not find it a fit case for grant of bail to the applicant. 17. The bail application is found devoid of merits and is, accordingly, rejected. 18. 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 :- 5.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad