HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31322 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Yogeshwar Rai, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.76 of 2025, under Sections 308(2), 308(5) B.N.S. and Section 67 of I.T. Act, Police Station Dhanapur, District Chandauli, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have clicked indecent photographs of the victim and used to pass indecent comments to her and had threatened to her to post the said photographs and video of the victim on social media and demanded extortion money from her. An amount of Rs.14,000/- is stated to have been transferred to the account of the applicant by the victim. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. There was no modality by which the applicant could record the said indecent photographs and video of the victim. The applicant was Facebook friend of the victim and it was the victim herself who had sent the said photographs and video to him. 6. Learned counsel for the applicant has further argued that it is true that the Versus Counsel for Applicant(s) : Yogeshwar Rai Counsel for Opposite Party(s) : G.A. Abhishek Kumar Singh .....Applicant(s) State of U.P. .....Opposite Party(s) said photographs and video were recovered from the gallery of mobile of the applicant, but he has nothing to do with the said offence. There is nothing on record to suggest that the applicant had made viral the said indecent photographs and video of the victim on social media. Even the applicant has been robbed of Rs.40,000/- by the victim. There was exchange of money between the applicant and the victim, but the account details of the applicant including pass-book have been taken into possession by the police. 7. Learned counsel for the applicant has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 29.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no evidence of applicant having made viral the said indecent photographs and video of the victim on social media, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Abhishek Kumar Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant BAIL No. 31322 of 2025 2 shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Krishan Pahal,J.) September 22, 2025 (Ravi Kant) BAIL No. 31322 of 2025 3 Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad