Neutral Citation No. - 2025:AHC:77746 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35101 of 2024 Applicant :- Abhishek Kumar Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Mishra,Devendra Kumar Mishra,Shashi Kant Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. The instant matter has been nominated to this bench by the order of Hon'ble The Chief Justice dated 26.03.2025. 2.Supplementary affidavit filed on behalf of the applicant is taken on record. 3. Heard Sri Anand Kumar Mishra, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.159 of 2023, under Sections 354, 504, 506, 376D IPC & 67 I.T. Act, Police Station Lalpura, District Hamirpur, during pendency of the trial. 5. Learned counsel for the applicant submits that initially, FIR of the present case was lodged by victim under Sections 354, 504, 506 IPC but during investigation offences under Sections 376D IPC & 66 I.T. Act have been added. He next submits that victim is admittedly a major girl and she neither in the FIR nor in her statement recorded under Section 161 Cr.P.C. made any allegation of rape against the applicant but when her statement subsequently, was recorded under Section 164 Cr.P.C., then she started making allegation of rape and this fact suggests that victim is not reliable witness and no reliance can be placed on her evidence. 6. He further submits that however, as per allegation, applicant made the photographs of the victim viral but this allegation is totally false. He next submits that as applicant and victim were having friendship, therefore, applicant used his photographs on his Facebook ID and, therefore, it cannot be said that he committed any offence. 7. He further submits that applicant is not having any previous criminal history and in the present matter, applicant is in jail since 01.04.2024 i.e. for last more than a year. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant along with others committed rape upon the victim i.e. informant of the case and also made viral her photographs but it reflects that allegation of rape has not been made either in the FIR or in the statement of the victim recorded under Section 161 Cr.P.C. and it appears that for the first time she made allegation of rape in her statement under Section 164 Cr.P.C. 11. Further, admittedly, the victim is a major girl and even from the FIR, it reflects that she was having friendship/love affair with the applicant. Further, however, as per prosecution, applicant made viral photographs of the victim but it reflects that alleged photographs were not obscene one and considering the fact that applicant and victim were having friendship, the argument advanced by learned counsel for the applicant cannot be brushed aside at this stage. 12. Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 01.04.2024 i.e. for last more than a year. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Abhishek Kumar Shukla be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. 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 :- 9.5.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad