Allahabad High Court
ROHAN @ RITIKversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is not entitled to bail as he had made an indecent video of the victim viral, rendering the bail application devoid of merit.
Summary
Rohan @ Ritik was charged under Sections 123, 75, 64(1) of the B.N.S. and Sections 66(C), 67 of the Income Tax Act for allegedly spiking a victim's water, raping her, recording the act on video and posting it on social media. The applicant sought bail, arguing the FIR was delayed, the victim was a consenting adult, no indecent video was recovered, and he had no criminal history. The State contended that the video was examined by the investigating officer, was indecent, and showed the victim crying and disrobed, justifying denial of bail. After hearing both sides, the court found the bail application without merit, noting the seriousness of the alleged offence and the viral indecent video. Consequently, the bail plea was rejected, and the court directed the trial to proceed expeditiously without unnecessary adjournments.
Issues considered
- Whether the applicant is entitled to bail despite allegations of rape, video recording, and dissemination of an indecent video.
- Whether the delay in filing the FIR or the alleged consent of the victim affects the bail decision.
Legislation cited
Subjects
- bail
- rape
- sexual assault
- video evidence
- criminal procedure
- indecent video
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44568 of 2025
Rohan @ Ritik
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar Bhardwaj
Counsel for Opposite Party(s) : Atul Kumar Tiwari, G.A.
Court No. - 65
(Sr. No.124 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Pradeep Kumar Bhardwaj, learned counsel for applicant, Sri
Rizwan Nagish, Advocate holding brief of Sri Atul Kumar Tiwari, learned
counsel for the informant as well as Sri Jai Kishan Chaurasia, learned State
Law Officer for the State and perused the material placed on record.
3. The present bail application has been filed by the applicant in Case Crime
No.294 of 2025, under Sections 123, 75, 64(1) B.N.S. and 66(C), 67 I.T.
Act, Police Station Simbhawali, District Hapur with the prayer to enlarge
him on bail.
4. As per prosecution story, the applicant spiked the water of the victim and
rendered her unconscious, and thereupon raped her and even video recorded
the said act and posted it on social media, thereby maligning the victim.
5. Learned counsel for the applicant has stated that the FIR is delayed and
there is no explanation of the said delay caused. The victim is obviously
above 18 years old as she was a student of B.Sc., 2nd year. She is a
consenting party. There is no recovery of any indecent video of the victim
whatsoever. It has also not been established as to who made the said video
viral. There is no criminal history of the applicant. The applicant is in jail
since 29.9.2025 and he is ready to cooperate with trial. In case, the applicant
is released on bail, he will not misuse the liberty of bail.
BAIL No. 44568 of 2025
2
6. Per contra, learned counsel for the informant and learned State Law
Officer have vehemently opposed the bail application on the ground that the
video recording was handed over by the victim to the Investigating Officer,
who perused it on computer and found it indecent, wherein the victim was
found crying and disrobed. As such, the applicant is not entitled to bail.
7. After hearing learned counsel for the parties and taking into consideration
the fact that the applicant had made viral the indecent video of the victim, I
do not find it a fit case for grant of bail to the applicant. The bail application
is found devoid of merits and is, accordingly, rejected.
8. However, it is directed that the aforesaid case pending before the trial
court be decided expeditiously, in accordance with law, without granting
unnecessary adjournment to either party, if there is no legal impediment.
9. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
(Krishan Pahal,J.)
May 14, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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