Allahabad High Court
KISHAN KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted as the applicant has made out a prima facie case for bail.
Summary
Kishan Kumar was arrested in connection with a case (Crime No. 164 of 2025) alleging that he posted indecent photographs of a victim on Instagram, invoking Sections 69, 84, 351(3) of the Indian Penal Code and Section 67 of the Information Technology Act. The applicant contended that he is innocent, that no indecent photographs have been recovered, and that he has no prior criminal record. The State opposed bail but could not refute the applicant’s claim that no photographic evidence exists. The court examined the material on record, the compliance affidavit, and the lack of recovered photographs, and concluded that a prima facie case for bail exists. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that the bail does not affect the trial on merits.
Issues considered
- Whether bail should be granted in a case alleging indecent photographs under IPC Sections 69, 84, 351(3) and IT Act Section 67.
- Whether the absence of recovered photographic evidence creates a prima facie case for bail.
- Whether the applicant’s lack of criminal history and willingness to cooperate satisfy bail criteria.
Legislation cited
- Indian Penal Code — s. 351(3), 69, 84
- Information Technology Act — s. 67
Subjects
- bail
- indecent photographs
- IPC
- IT Act
- prima facie
- trial
- conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22671 of 2025
Kishan Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Hari Om Ojha, Rajesh Kumar, Sujan
Singh, Vishakha Pande
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.100 out of 243)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Compliance affidavit filed today is taken on record.
2. Heard Sri Yashashwin Bajpai, Ms. Vishakha Pandey, learned counsels for
the applicant, Sri Yogesh Mishra, learned State Law Officer for the State and
perused the material placed on record.
3. Applicant seeks bail in Case Crime No.164 of 2025, under Sections 69,
84, 351(3) BNS and 67 I.T. Act, Police Station Bilariyaganj, District
Azamgarh, during the pendency of trial.
4. 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. The only bone of contention is that the applicant
is stated to have made certain indecent photographs of the victim viral on
Instagram. There is no recovery of any indecent photographs of the victim.
The said fact stands fortified by the compliance affidavit filed today. The
applicant has no criminal history and is in jail since 01.06.2025. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but could not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
BAIL No. 22671 of 2025
2
consideration that no indecent photographs have been recovered, 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.
7. Let the applicant- Kishan Kumar, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 12, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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