Allowed

Shadab @ Sadab Khan v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC17 Jan 2024/514/2024

Case brief

AI extract

What is this about?

In this bail application under Cr.M.C. No. 514 of 2024 regarding offences under sections 376, 506 IPC and others, the Allahabad High Court allowed bail in light of the two-year delay in filing the FIR and the absence of criminal history, relying on Deepak Gulati vs State of Haryana.

What did the court decide?

Applicant released on bail subject to personal bond and two sureties of Rs. 25,000 each.

Shadab @ Sadab Khan Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4845

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 514 of 2024

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Applicant :- Shadab @ Sadab Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Sri Sandeep Kumar Yadav who appears for the informant and the learned AGA.

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The accused-applicant seeks bail in Case Crime No.177 of 2023 under sections 376, 506 IPC, and section 3/4 DP Act and section 66 of IT Act, P.S. Shivratanganj, District Amethi.

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In terms of the FIR, it was alleged that the sister of the informant was physically exploited by the applicant on the false pretext of marriage. The first incident was alleged to be in August 2021. It was also stated that the family members of the applicant have refused to marry and after the refusal to marry, the first application was given on 07.10.2022. It was also stated that after the first application was given, a compromise was arrived at wherein both the parties have accepted that the marriage shall be performed in September 2023, however, now the family members were demanding dowry.

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In the light of the said, the submission of the counsel for the applicant is that the entire case is premised on forming of physical relations on the false pretext of marriage. He places reliance on the judgment of the Supreme Court in the case of Deepak Gulati vs State of Haryana; 2013 (7) SCC 675.

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Considering the law as explained in the case of Deepak Gulati (supra) coupled with the fact that admittedly the relations continued over a span of two years and the FIR was lodged after about a delay of two years and the fact that the applicant has no criminal history and is in custody since 21.10.2023, a case for bail is made out. Thus, the bail application is allowed.

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Let the applicant Shadab @ Sadab Khan 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:

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

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

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(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.

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Order Date :- 17.1.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Shadab @ Sadab Khan v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Shadab @ Sadab Khan v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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