Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33279 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Vinay Kumar Tripathi and Ms. Shakti Dubey, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Lokesh, seeking enlargement on bail in Case Crime No. 281 of 2025, under Sections 64 (1), 351 (3), 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of IT Act, Police Station Dibai, District Bulandshahr 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 15.5.2025. Learned counsel for the applicant submits that prosecutrix has lodged the FIR with the allegation that applicant after administering intoxicating substance, committed rape upon the prosecutrix and created a video of the same. The applicant used to demand money from prosecutrix on the pretext that he would make viral the video on the social media, but there is no evidence on record to substantiate the allegation levelled by the prosecutrix. The prosecutrix has also denied for her medical examination. Learned counsel for the applicant submits that there is delay of 04 months in lodging the FIR. Learned counsel for the applicant submits that there is no evidence of video viral from the mobile of applicant. He has no criminal antecedent and there is no likelihood of his Versus Counsel for Applicant(s) : Shakti Dubey, Vinay Kumar Tripathi Counsel for Opposite Party(s) : G.A. Lokesh .....Applicant(s) State of U.P. .....Opposite Party(s)
fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 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, Lokesh, 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. September 25, 2025 Ravi Prakash BAIL No. 33279 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad