HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33678 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Karunesh Pratap Singh, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Rajkumar Nishad, seeking enlargement on bail in Case Crime No. 346 of 2025, under Sections 64 (2), 351 (3) of the Bharatiya Nyaya Sanhita, 2023 and Section 66 (E) Information Technology Act, Police Station Campiarganj, District Gorakhpur, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.6.2025. Learned counsel for the applicant submits that prosecutrix is major aged about 25 years. There is no mention about the date and time of occurrence in the FIR lodged by the victim. In the statement recorded under Section 183 BNSS, victim has said that incident was occurred on 24.10.2024 whereas FIR has been lodged on 10.6.2025, that is after a delay of 08 months. No plausible explanation for delay in lodging the FIR has been given. There is no evidence to make viral the video. Learned counsel for the applicant submits that from the perusal of the story developed by the prosecution, it transpires that no obscene video was clicked by the applicant. 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. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Amit Kumar Yadav, Karunesh Pratap Singh, Shyamu Shukla Counsel for Opposite Party(s) : G.A. Rajkumar Nishad .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Rajkumar Nishad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 6, 2025 Ravi Prakash BAIL No. 33678 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad