Gagan Singh v. State Of U.P. Thru. Addl. Chief / Prin. Secy., Deptt. Of Home, Lucknow And Another

Neutral Citation No. - 2024:AHC-LKO:4775

Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 530 of 2024

Applicant :- Gagan Singh

Opposite Party :- State Of U.P. Thru. Addl. Chief / Prin. Secy., Deptt. Of Home, Lucknow And Another

Counsel for Applicant :- Prem Shankar,Mahendra Kumar Dwivedi

Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The accused-applicant seeks bail in Case Crime No.587 of 2023 under sections 376(D), 376 (2N), 506 IPC and section 67A IT Act, P.S. Sushant Golf City, District Lucknow.

3. In terms of the FIR, it was alleged that the victim had met with one of the co-accused Amir Ali in the year 2003 and she was taken to a Hotel and after administering certain drink, a promise for marriage was made and physical relations were formed. It was also alleged that some indecent video was also made and the same was sent to the applicant. It was also stated that thereafter the applicant under the threat of making the video viral committed the offence against her. It was also alleged that her ex-husband and her relatives had also misbehaved with her.

4. Thus, in sum and substance, the allegations were of the year 2003 and the FIR was registered in the year 2023. It is argued that no video material has been recovered from the applicant.

5. Considering the allegations to be bald scandalous and the FIR has been registered after an inordinate delay of twenty years coupled with the fact that the applicant who has no criminal history and is in jail since 26.11.2023, is entitled for the bail. Thus the bail application is allowed.

6. Let the applicant Gagan Singh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the

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hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 17.1.2024 VNP/-

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