HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34614 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Shri Prakash Dwivedi, learned counsel for the applicant and Sri Shiv Dutt Shukla, learned A.G.A. for the State. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 304 of 2025, under Sections 376, 506 IPC and Section 67B of IT Act, Police Station Kotwali Dehat, District Mirzapur during the pendency of the trial. 3. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and FIR has been lodged after a delay of more than two years and the victim is a major lady and from her conduct, it appears that she is a consenting party. It is further submitted that the videos and photos of the alleged incident are said to have been made viral by the applicant and it is alleged that the said video has been received by the husband of the victim and at best the case falls under Section 67A of the I.T. Act for which maximum punishment is five years. It is also submitted that the applicant has been languishing in jail since 23.7.2025 and he is having criminal history of one case in which he is on bail. It is lastly submitted that in case the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts, however, it is submitted that the applicant has made viral the videos and photos of the victim. Versus Counsel for Applicant(s) : Shri Prakash Dwivedi Counsel for Opposite Party(s) : G.A. Devanand Giri .....Applicant(s) State of U.P. .....Opposite Party(s) 5. As per allegations in the FIR, the applicant is said to have committed rape on the victim on 4.2.2023 and thereafter the victim got married to one Shiv Kumar and FIR has been lodged on 19.7.2025 i.e. after about two and half years and the applicant is said to have recorded videos of the alleged incident and made them viral. The victim is a major lady and it is submitted that from the conduct of the victim, it appears that she is a consenting party. The applicant has been languishing in jail since 23.7.2025 and he is having criminal history of one case in which he is on bail. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Accordingly, the present application is ALLOWED. 8. Let the applicant- Devanand Giri involved in the aforementioned 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, with the following conditions:- (i) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or BAIL No. 34614 of 2025 2 commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. September 24, 2026 Abhishek BAIL No. 34614 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad