Anil Gupta v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45147 of 2023 Applicant :- Anil Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Vipul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2It has been argued by learned counsel for the applicant that the F.I.R. was lodged by the mother of the deceased with the allegation that she has solemnized marriage of her daughter with the applicant's younger brother namely, Sanjay Gupta on 02.12.2022 and today, i.e., 26.03.2023 in-laws of her daughter killed her daughter on account of non fulfillment of additional demand of dowry. The deceased was also used tell her that she was being harassed and maltreated on account of non fulfillment of demand of dowry.

¶3Learned counsel for the applicant submits that applicant is the Jeth of the deceased and has falsely been implicated in the case. No such incident as alleged by the prosecution took place. The applicant is living separately from other family members in a rental home at Mumbai. General allegations for demand of dowry and on account of non fulfillment thereof, causing cruelty to the deceased has been made in the first information report against all the named accused persons including the applicant. Neither any demand was made by the in-laws of the deceased including the applicant, nor any complaint was ever made after the marriage or prior to the date of incident. It has further been argued that the deceased was a short tempered lady and on the date of incident some hot talk with her husband for which she committed suicide by hanging herself. Learned counsel for the applicant further submits that as per the postmortem report of the deceased cause of death is asphyxia due to ante mortem hanging. It has also been submitted that except one ligature mark of size 24.0 c.m. x 2.0 c.m. all around the neck no other injury was found on the person of the deceased, which shows that deceased had committed suicide by hanging herself. Thus, it is alleged that no offence as alleged has been committed by the applicant. Learned counsel for the applicant further submits that other co-accused, namely, Meera Gupta (Jethani), Geeta Gupta (sister-in-law), Bhana @ Bhanmati (mother-in-law) and Manoj Gupta (Jeth) have already been enlarged on bail different coordinate Benches of this Court vide orders dated 04.07.2023, 26.07.2023, 08.08.2023 and 18.08.2023 passed in Criminal Misc. Bail Application Nos. 29093 of 2023, 31472 of 2023, 34601 of 2023 and 36216 of 2023, respectively. The case of the applicant is on the same footing than that of the other co-accused, who have been enlarged on 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 20.07.2023, having no criminal history.

¶4Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶5After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

¶6Let the applicant-Anil Gupta, involved in Case Crime No. 196 of 2023, under Sections 498-A, 304-B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Jiyanpur, District Azamgarh, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

¶7The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶8The bail application is allowed. Order Date :- 27.10.2023 Mustaqeem. High Court of Judicature at Allahabad