Mohd. Anas vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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Neutral Citation No. - 2025:AHC-LKO:47058

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1547 of 2025

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Applicant :- Mohd. Anas Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.

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Counsel for Applicant :- Firoz Ahmad Khan,Aditya Vikram Shahi,Gyan Sagar Gupta,Mohd. Vakar Khan Counsel for Opposite Party :- G.A.,Bajhul Quamar Siddiqui,Mohammad Ehtesham Khan

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Gyan Sagar Gupta, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned A.G.A.-I for the State and perused the records.

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The supplementary affidavit filed today is taken on record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.14 of 2024, under Sections 417, 465, 468, 471, 506, 34, 501, 504 I.P.C. and Section 67A, 66E of the Information Technology (Amendment) Act, 2008, registered at Police Station Patranga, District Ayodhya.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.02.2024 against the applicant, his mother and brother, stating that the informant has got married on 25.01.2023 and prior to getting married to the informant, the wedding proposal of his wife with the applicant remained in active consideration. However, the same could not be materialized and thereafter she got married to the informant. Annoyed with this, the accused persons posted obscene messages and photographs and morphed photographs of the informant's wife on social media. An F.I.R. No.237 of 2024 has

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been lodged on 05.10.2024 under Sections 465, 506 I.P.C. and Section 67A of I.T. Act at P.S. Patranga, District Ayodhya in furtherance of application under Section 175(3) of B.N.S.S. alleging that the obscene photos and videos are being posted by persons from the other side by creating fake social media IDs.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned counsel for the applicant has submitted that the other co-accused i.e. applicant's brother Mohd. Zaid and his mother Hazatunnisha have already been granted bail by the Coordinate Bench of this Court and the copies of the bail orders have been annexued as annexure 5 to the bail application.

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The State has filed a counter affidavit and a supplementary counter affidavit and the complainant has also filed a counter affidavit opposing the bail application.

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It has been stated in the supplementary counter affidavit filed by the State that from the information received from META, it came to light that the obscene messages have been posted from U.A.E. and the applicant was also present in U.A.E. at the relevant of time.

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In reply to the aforesaid submission, the learned counsel for the applicant has submitted that the obscene messaged have been posted from the user ID of co-accused Mohd. Zaid and he was also present in U.A.E. at the relevant point of time yet, Mohd. Zaid has been granted bail by the Co-ordinate Bench of this Court.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the other co-

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accused persons including the co-accused Mohd. Zaid, from whose social media ID the obscene messages have been posted, has already been granted bail by the Co-ordinate Bench of this Court; that the applicant is languishing in jail since 03.02.2025 and not even a single prosecution witness has been examined till date, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Mohd. Anas be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial Court.

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Order Date :- 12.8.2025 S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Anas v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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Mohd. Anas v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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