HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10408 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Santosh Kumar Singh Paliwal, learned counsel for the informant as well as learned A.G.A. for the State and perused the record. 2. This is the third bail application moved on behalf of the applicant. The first and second bail application being Criminal Misc. Bail Application Nos.38893 of 2022 and 41604 of 2023 have been rejected by co-ordinate Bench of this Court vide orders dated 20.01.2023 and 29.11.2023 respectively. 3. The accused applicant is involved in Case Crime No.206 of 2022 under Sections 363, 376D, 506, 323 I.P.C., Section 5/6 of POCSO Act, Section 66/67 I.T.Act and Section 3(2)5 of SC/ST Act, Police Station Gagaha, District Gorakhpur. 4. Learned counsel for the applicant has submitted that there is no allegation of rape against the applicant. He further submits that the only allegation against the applicant is that he has viral the video when as a matter of fact there is no such video. Learned counsel further argued that even assuming but not admitting for the sake of argument that the applicant has committed the offence under I.T. Act, in which, the maximum sentence is three years, whereas the applicant has remained incarcerated for more than three years i.e. since 12.07.2022, thus the applicant is entitled for bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since Versus Counsel for Applicant(s) : Mahabir Yadav, Vinay Kumar Singh Counsel for Opposite Party(s) : G.A., Santosh Kr. Singh Paliwal Gyanendra Gaur .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 12.07.2022. 5. Learned AGA as well as learned counsel for the informant have vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicants. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant Gyanendra Gaur be released on bail in the aforementioned case crime number 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: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. 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. 8. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. October 15, 2025 S.Ali BAIL No. 10408 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad