Abhishek Kumar Singh Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Abhishek Kumar Singh Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Abhishek Kumar Singh to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; sureties to be verified before issuing the release order; subject to conditions: (i) not to tamper with evidence during trial, (ii) not to pressurise/intimidate prosecution witnesses, (iii) to appear before the trial court on the date fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant (Abhishek Kumar Singh), implicated 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, is entitled to bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, the submissions of counsel and the evidence on record — specifically that there is no evidence of the applicant having made viral the indecent photographs and video of the victim on social media — and without expressing any opinion on the merits, the Court prima facie concluded that the applicant has made out a case for bail and allowed the bail application.

Key takeaways

Observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶12

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 67), Criminal Misc. Bail Application No. 31322 of 2025 — Krishan Pahal, J., decided 22 September 2025: bail application ALLOWED. Applicant Abhishek Kumar Singh (custody since 29.07.2025; no criminal history stated) sought bail during trial in Case Crime No. 76 of 2025, PS Dhanapur, District Chandauli, under Sections 308(2), 308(5) B.N.S. and Section 67 of I.T. Act — alleged clicking of indecent photographs/video of the victim, indecent comments, threat to post the material on social media and an extortion demand, with Rs. 14,000/- reportedly transferred by the victim to the applicant. Counsel conceded recovery of the photographs/video from the applicant's mobile gallery but urged there was nothing on record showing they had been made viral, that money flowed both ways (applicant claiming he was robbed of Rs. 40,000/-; his account details/pass-book seized by police), and that he was innocent and falsely implicated. Considering the absence of any evidence of the material having been made viral, and without expressing any opinion on the merits, the Court prima facie found a case for bail: release on a personal bond and two sureties (surety verification ordered before release), with undertakings not to tamper with evidence, not to intimidate witnesses and to attend the trial court on fixed dates; breach of any condition to be a ground for cancellation; observations expressly not to affect the trial Judge's independent assessment.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31322 of 2025

Abhishek Kumar Singh

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s) : Yogeshwar Rai Counsel for Opposite Party(s) : G.A. Court No. - 67

HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

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.

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.

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.

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.

Learned counsel for the applicant has further argued that it is true that the

BAIL No. 31322 of 2025

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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.

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.

Learned A.G.A. has vehemently opposed the bail application.

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 .

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.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant

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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)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad