Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37730 of 2021

Applicant :- Sabir Ali

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Amit

Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Supplementary affidavit filed on behalf of the applicant today, is taken on

record.

Counter affidavit filed on behalf of the State sworn by Sri Vikrant Kumar S/o Sri

Azad Singh who was posted as Sub-Inspector at Police Station Nehtaur, Bijnor

wherein in paragraph no. 3 the averements have been made that the service upon

the informant regarding the pendency of the bail application along with

annexure- 1 at page no. 8 dated 20.11.2021 however, the same is not clear as to

whether the service upon the complainant has been made or not. Today Sri S.K.

Ojha, learned AGA has produced before this court two sets of document one

being under the signature of Vikrant Kumar Sub-Inspector at Police Station

Nehtaur, Bijnor and the second is being the information reduced in letter dated

02.09.2021 by Kanti Prasad Sharma, Inspector Police Station Nehtaur, Bijnor

showing the fact that the information to the complainant about the institution of

the present bail application as well as pendency of the same has been made

available to the informant/complainant. Till the dictation of the present order

nobody appears on behalf of the informant/complainant to contest the present

bail application and thus, the service upon the informant/complainant is

sufficient. Copy of the two sets of the paper was forwarded by the learned AGA

are kept on record.

Heard Sri Pradeep Kumar Kashyap, learned counsel for the applicant, and Sri

S.K. Ojha, learned AGA for the State.

This bail application purported to be under Section 439 of the Cr.P.C. has been

moved for seeking bail in Case Crime No. 178 of 2021 under Sections 501, 506

I.P.C. and section 11/5/12 of POCSO Act and section 67 of Information

Technology Act registered at Police Station- Nehtaur, District- Bijnor.

The bail application of the applicant has been rejected by the court below, on

16.08.2021

The learned counsel for the applicant has argued that the FIR has been lodged by

one Shithil Kumar before Police Station Nehtaur, Bijnor being FIR No. 0178 u/s

67of Information Technology Act and section 506 IPC relatable to the

commission of the offence that the victim who happens to be the sister of the

complainant is 16 years of age however in the social media her obscene photos

has been uploaded pursuant thereto her image is said to be tarnished and when

the same was being resisted then threatened has been sought to be administered

that her that her photos will be made viral. Learned counsel for the applicant has

drawn the attention of the court towards page nos. 23 and 28 which happens to

be the statements of the victim recorded u/s 161 as well as 164 Cr.P.C.. He

further argued that the he has been falsely implicated in the present case as he at

no point of time committed any offence. He further argued that the applicant is a

barber by profession and he cannot dare to do such type of act. He further drawn

the attention of the court towards paragraph no. 2 of the bail application so as to

contend that he at no point of time dared to upload obscene photos of the victim.

He further argued that he does not dispute the fact that applicant knows the

victim and they are good friends. He further drawn the attention of the court

towards paragraph no. 14 so as to contend that he does not have any criminal

history. He further argued that even otherwise he while abide by the condition so

imposed by the court upon him and as per the instruction so received by the

counsel for the applicant telephonically from his client, has come up with the

stand that the applicant will visit the concerned police station on the first

Monday of each month and will not indulge in any bad activity which is

indecent particularly in view of the fact that he will not commit a