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Allahabad High Court

SHARIQ ALIAS KASHIFversusSTATE OF U.P.

Decided

Holding

The court granted bail to the applicant, finding a prima facie case for release.

Summary

Shariq alias Kashif was arrested in connection with a case (Crime No. 244 of 2025) alleging offences under Sections 123, 64, 351(2) and 61(2)(a) of the IPC for allegedly circulating an indecent video. The victim’s statement under Section 183 BNSS expressly denied that the applicant made the video, and no video was recovered from his mobile. The co‑accused, Mustafa, who is alleged to have sent the video, had already been released on bail. The applicant, having no prior criminal record and having been in custody since 16‑08‑2025, applied for bail. The court, after considering the lack of material evidence against him and the bail already granted to the co‑accused, held that a prima facie case for bail existed and ordered his release on personal bond and sureties, subject to standard conditions.

Issues considered

  • Whether the applicant is entitled to bail despite the allegations of circulating an indecent video.
  • Whether the absence of the video on the applicant's mobile and the victim's statement negate the necessity of continued detention.
  • Whether the bail granted to the co‑accused influences the applicant's right to bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • indecent video
  • false implication
  • prima facie
  • co‑accused
  • evidence recovery

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 41517 of 2025

Shariq Alias Kashif
                                                               .....Applicant(s)
                                    Versus

State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)      : Ashutosh Shankar Dwivedi, Mehdi
                                Abbas, Pradeep Kumar
Counsel for Opposite Party(s) : Shashi Prakash Pandey, G.A.

Court No. - 65
(Sr. No.179 out of 277)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Mehdi Abbas and Sri Pradeep Kumar, learned counsels for the
applicant, Sri Shashi Prakash Pandey, learned counsel for the informant as
well as Sri R.P. Patel, learned State Law Officer for the State and perused
the material placed on record.

3. Applicant seeks bail in Case Crime No.244 of 2025, under Sections 123,
64, 351(2), 61(2)(a) BNS, Police Station Shikarpur, District Bulandshahr,
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
victim in her statement recorded U/s 183 BNSS has categorically stated that
applicant did not make viral the said indecent video whatsoever. There is no
recovery of any video from the mobile of the applicant.

5. Learned counsel for the applicant has further argued that the role of
applicant is at different footing to co-accused person Mustafa, who is stated
to have sent the said indecent video to the mobile of other persons. The said
co-accused has already been enlarged on bail by the trial court itself. The
applicant has no criminal history and is in jail since 16.8.2025. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
                                                                                                 BAIL No. 41517 of 2025
                                                                      2


                                    6. Learned counsel for the informant and learned State Law Officer have
                                    vehemently opposed the bail application but the submissions raised by the
                                    learned counsel for the applicant could not be disputed.

                                    7. 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 recovery of any indecent video from
                                    the mobile of the applicant coupled by the fact that co-accused Mustafa, who
                                    is stated to have sent the said indecent video to the mobile of other persons,
                                    has already been enlarged on bail, 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.

                                    8. Let the applicant- Shariq Alias Kashif, 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.

                                    9. Breach of any condition shall entail cancellation of bail. The observations
                                    herein shall not affect the trial on merits.



                                                                                                 (Krishan Pahal,J.)
                                    April 20, 2026
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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