Nasim Ahmad v. State of U.P.), the copy of the said order has been placed before the

2. Heard Sri S.F.A. Naqvi, learned Senior Advocate assisted by Sri Zaheer Asghar, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records.

3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Mohd Zeeshan, seeking enlargement on bail during trial in connection with Case Crime No. 366 of 2024, under Sections 376, 354 Ga, 504, 506 I.P.C. & 67A I.T. Act, Police Station Swar, District Rampur.

4. The first information report of the present matter was lodged on 18.08.2024 by Bhura against the applicant and Nasim Ahmad, under Sections 493, 354 (ग), 504, 506, 67 I.T. Act, alleging therein that his neighbour Zeeshan (the present applicant) used to come to his house on some or the other pretext and used to talk to his daughter. Later on some intimacy developed between them and they started talking on phone. Zeeshan then told his daughter that he wants to marry her and he has believed her to be his wife. He then entangled his daughter by assuring her that she is his wife and committed rape upon her but later on he told her that he has used her and he does not consider her as his wife, he had to use her and has done it and she may do whatever she likes but he will not marry her. Zeeshan on a false promise to marry committed wrongful act on his daughter many times. He has also captured some photographs of his daughter while establishing physical relationship with her. Later on the marriage of his daughter was solemnized with Shebu. Immediately, after marriage Zeeshan started threatening and sending abuses to his son-in-law and told him that he has not done good by marrying her. He with Nasim Ahmad posted objectionable photographs of his daughter on Instagram and also sent them to his son-in-law & his family members due to which his daughter suffered disrepute in her matrimonial house and amongst relatives. Zeeshan told his son-in-law that he has not done good by marrying his daughter and he would make her photographs viral. He continued to chat on the phone of Shebu and abused him and made the photograph viral on Instagram. He has threatened him that he should give Talak to the girl. The incident is from 01.02.2024 to 29.06.2024.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that previously a first information report was lodged on 03.02.2024 by Bhura against the applicant and Rehan as Case Crime No. 0036 of 2024, under Sections 354(क), 352, 506 I.P.C. and Section 7/8 POCSO Act alleging therein that his daughter is aged about 15 years and while going and coming from school the accused Zeeshan troubles her. After making complaint to the family members of Zeeshan, his elder brother Rehan was adamant on a fight who threatened them. They are troubled mentally. A report be lodged and action be taken.

6. Learned counsel for the applicant further submitted that the present first information report has been lodged with totally false and incorrect allegations. It is submitted that the present case is a case of consent and the victim was a consenting party. Further while placing paragraph 19 of the affidavit it is submitted that neither the applicant has committed rape on the victim nor has taken any vulgar photo or sent it on social media. It is next submitted that the investigation in the matter has completed and a charge-sheet has been submitted and as such there are no chances of the applicant tampering with evidence. It is submitted that the version of the victim during investigation has contradictions in it. It is submitted that co-accused Nasim Ahmad has been granted anticipatory bail by the Sessions Judge, Rampur vide order dated 19.03.2025 passed in Criminal Misc. Anticipatory Anticipatory Bail Application No. 220 of 2025 (Nasim Ahmad Vs. State of U.P.), the copy of the said order has been placed before the Court which is taken on record. It is submitted that the applicant is a student LLB (3rd/5th Sem) in Lord Mahavira College of Law, M.J.P., Ruhelakhand University, Bareilly, paragraph 24 of the affidavit has been placed for the same. The applicant has no criminal history as stated in para 33 and is in jail since 21.11.2024.

7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that in the present case a previous first information report was lodged by the informant on 03.02.2024 against the applicant and another co-accused in which there were specific allegations against the applicant of troubling the victim and doing immoral act with her. It is submitted that subsequently the present first information report has been lodged in which there are serious allegations against the applicant. It is further submitted that in so far as the photographs are concerned, the investigation in the matter goes to show that naked photographs of the victim were sent by the applicant to the phone of Shebu which have been recovered and are part of case- diary. It is further submitted that mobile phone has been recovered which was used for sharing the photographs of the victim. It is submitted that the prosecution of the applicant is under Section 67A I.T. Act also and charge-sheet has been submitted under the said section also apart from other sections. It is submitted that looking to the seriousness of the incident, facts of the case and the act of the applicant of launching objectionable and nude photographs of the victim on Instagram and also sending them to the husband of the victim, the present bail application be rejected.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report and there are allegations against him. There are allegations of the applicant capturing objectionable photographs of the victim and then posting them on Instagram and sending them to the mobile phone of the husband of the victim. Prior to the present first information report a previous first information report was lodged on 03.02.2024 against the applicant and one other co-accused in which there were serious allegations against the applicant. During investigation nude photographs of the victim have been recovered which are alleged to have been sent by the applicant to the mobile phone of the husband of the victim.

9. Looking to the facts and circumstances of the case, involvement of the applicant, spuriousness of the incident and nature of the incident, this Court does not find it a fit case for bail, hence, the bail application is rejected.

10. Pending application (s), if any, shall stand disposed of. Order Date :- 7.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri S.F.A. Naqvi, learned Senior Advocate assisted by Sri Zaheer Asghar, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records.

3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Mohd Zeeshan, seeking enlargement on bail during trial in connection with Case Crime No. 366 of 2024, under Sections 376, 354 Ga, 504, 506 I.P.C. & 67A I.T. Act, Police Station Swar, District Rampur.

4. The first information report of the present matter was lodged on 18.08.2024 by Bhura against the applicant and Nasim Ahmad, under Sections 493, 354 (ग), 504, 506, 67 I.T. Act, alleging therein that his neighbour Zeeshan (the present applicant) used to come to his house on some or the other pretext and used to talk to his daughter. Later on some intimacy developed between them and they started talking on phone. Zeeshan then told his daughter that he wants to marry her and he has believed her to be his wife. He then entangled his daughter by assuring her that she is his wife and committed rape upon her but later on he told her that he has used her and he does not consider her as his wife, he had to use her and has done it and she may do whatever she likes but he will not marry her. Zeeshan on a false promise to marry committed wrongful act on his daughter many times. He has also captured some photographs of his daughter while establishing physical relationship with her. Later on the marriage of his daughter was solemnized with Shebu. Immediately, after marriage Zeeshan started threatening and sending abuses to his son-in-law and told him that he has not done good by marrying her. He with Nasim Ahmad posted objectionable photographs of his daughter on Instagram and also sent them to his son-in-law & his family members due to which his daughter suffered disrepute in her matrimonial house and amongst relatives. Zeeshan told his son-in-law that he has not done good by marrying his daughter and he would make her photographs viral. He continued to chat on the phone of Shebu and abused him and made the photograph viral on Instagram. He has threatened him that he should give Talak to the girl. The incident is from 01.02.2024 to 29.06.2024.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that previously a first information report was lodged on 03.02.2024 by Bhura against the applicant and Rehan as Case Crime No. 0036 of 2024, under Sections 354(क), 352, 506 I.P.C. and Section 7/8 POCSO Act alleging therein that his daughter is aged about 15 years and while going and coming from school the accused Zeeshan troubles her. After making complaint to the family members of Zeeshan, his elder brother Rehan was adamant on a fight who threatened them. They are troubled mentally. A report be lodged and action be taken.

6. Learned counsel for the applicant further submitted that the present first information report has been lodged with totally false and incorrect allegations. It is submitted that the present case is a case of consent and the victim was a consenting party. Further while placing paragraph 19 of the affidavit it is submitted that neither the applicant has committed rape on the victim nor has taken any vulgar photo or sent it on social media. It is next submitted that the investigation in the matter has completed and a charge-sheet has been submitted and as such there are no chances of the applicant tampering with evidence. It is submitted that the version of the victim during investigation has contradictions in it. It is submitted that co-accused Nasim Ahmad has been granted anticipatory bail by the Sessions Judge, Rampur vide order dated 19.03.2025 passed in Criminal Misc. Anticipatory Anticipatory Bail Application No. 220 of 2025 (Nasim Ahmad Vs. State of U.P.), the copy of the said order has been placed before the Court which is taken on record. It is submitted that the applicant is a student LLB (3rd/5th Sem) in Lord Mahavira College of Law, M.J.P., Ruhelakhand University, Bareilly, paragraph 24 of the affidavit has been placed for the same. The applicant has no criminal history as stated in para 33 and is in jail since 21.11.2024.

7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that in the present case a previous first information report was lodged by the informant on 03.02.2024 against the applicant and another co-accused in which there were specific allegations against the applicant of troubling the victim and doing immoral act with her. It is submitted that subsequently the present first information report has been lodged in which there are serious allegations against the applicant. It is further submitted that in so far as the photographs are concerned, the investigation in the matter goes to show that naked photographs of the victim were sent by the applicant to the phone of Shebu which have been recovered and are part of case- diary. It is further submitted that mobile phone has been recovered which was used for sharing the photographs of the victim. It is submitted that the prosecution of the applicant is under Section 67A I.T. Act also and charge-sheet has been submitted under the said section also apart from other sections. It is submitted that looking to the seriousness of the incident, facts of the case and the act of the applicant of launching objectionable and nude photographs of the victim on Instagram and also sending them to the husband of the victim, the present bail application be rejected.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report and there are allegations against him. There are allegations of the applicant capturing objectionable photographs of the victim and then posting them on Instagram and sending them to the mobile phone of the husband of the victim. Prior to the present first information report a previous first information report was lodged on 03.02.2024 against the applicant and one other co-accused in which there were serious allegations against the applicant. During investigation nude photographs of the victim have been recovered which are alleged to have been sent by the applicant to the mobile phone of the husband of the victim.

9. Looking to the facts and circumstances of the case, involvement of the applicant, spuriousness of the incident and nature of the incident, this Court does not find it a fit case for bail, hence, the bail application is rejected.

10. Pending application (s), if any, shall stand disposed of. Order Date :- 7.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad