Allowed

Jasdeep Singh Sahdev @ Gagan v. State of U.P.

Allahabad HC5 Jul 2022BAIL/15672/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Jasdeep Singh Sahdev @ Gagan, finding it a fit case based on overall facts and circumstances, referencing Data Ram, without expressing an opinion on merits. The applicant was released on agreeing to a personal bond and conditions.

What did the court decide?

Release of applicant Jasdeep Singh Sahdev @ Gagan on bail by executing personal bond and furnishing sureties.

Jasdeep Singh Sahdev @ Gagan Vs State of U.P. — Quashing and FIR | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15672 of 2022

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Applicant :- Jasdeep Singh Sahdev @ Gagan Opposite Party :- State of U.P. Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.,Dilip Kumar Singh

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Vishal Singh in connection with Case Crime No. 51 of 2022, under Sections 498A, 323, 377, 504, 506 and section 3/4 of Dowry Prohibition Act, Police Station Nauchandi, district Meerut.

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The FIR of the incident was lodged by the complainant against the applicant Jasdeep Singh Sahdev @ Gagan , who was named in the FIR. The complainant was residing with the present accused in Deharadun and she was on live-inrelationship with her consent. It is further mentioned in the FIR that the present accused was habitual for taking drugs and case of N.D.P.S. Act is pending against the applicant in Court. It is further alleged that applicant in drunker position made physical and unnatural relationship with the informant and applicant and his mother, physically and mentally tortured her. It was further mentioned in the FIR that the accused did not marry with the complainant despite her request. Later on it was mentioned in the FIR that the complainant had married with the present accused on 02.12.2020 and it was registered on 03.12.2020 in the office of Dehradun registrar. It was further mentioned that after some time the present accused along with his family members demanded Swift Car and 10 lakh Rs. and threatened her that if their demand is not fulfilled then they will left the complainant and it was also mentioned that the present accused established unnatural sexual relation with the complainant. learned counsel for the applicant submits that the accused applicant is innocent and falsely implicated in this matter. He further submitted that FIR of this incident was lodged with the legal consultation. Learned counsel for the applicant submits that there is no evidence of occurrence of unnatural sex by the present accused. Learned counsel has submitted that the accused is in jail since 01.03.2022 .

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In case he is released on bail, he will not misuse the liberty of bail and will cooperate with the trial.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant Jasdeep Singh Sahdev @ Gagan , involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii)The applicant shall not threaten or harass the prosecution witnesses;

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iii)The applicant shall appear on the date fixed by the trial court;

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iv)The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v)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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 5.7.2022/Neetu

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Digitally signed by NEETU SINGH Date: 2022.07.08 10:44:09 IST Reason: Location: High Court of Judicature at Allahabad

Jasdeep Singh Sahdev @ Gagan v. State of U.P.

Case brief

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Jasdeep Singh Sahdev @ Gagan v. State of U.P.

Case brief

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