Gaurav Gupta v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9366 of 2023 Applicant :- Gaurav Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sumit Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Sumit Pandey, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.

¶3Learned counsel for the applicant states that he does not propose to file any rejoinder affidavit to the counter affidavit.

¶4The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.390 of 2023, registered under Sections 498-A, 323, 420, 313 I.P.C and Section 3/4 D.P. Act. at Police Station-Banna Devi, District-Aligarh with a prayer to enlarge him on anticipatory bail.

¶5As per prosecution story, the daughter of informant was married to the applicant as per Hindu Rites on 24.02.2023. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry. There are allegations against the applicant of having cheated the informant on the pretext that he got loan sanctioned in the name of her son saying that he shall be made a partner partner in his shop. The applicant is even stated to have assaulted the daughter of informant, in her abdomen, thereby, causing miscarriage of the two months old fetus, she carried in her womb.

¶5Learned counsel for the applicant has stated that the applicant is a cardiac patient and was granted interim protection vide order dated 21.08.2022. The applicant has no criminal history. Learned counsel for the applicant stated that even the injury does not indicate any visible injury to her and the said haematuria was observed by the doctor which could be caused due to any complications in the pregnancy. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. Learned counsel has stated that the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

¶6Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶7On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant-Gaurav Gupta be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i). that the applicant shall make himself available for interrogation by a police officer as and when required;

(ii). that 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;

(iii). that the applicant shall not leave India without the previous permission of the court;

(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

¶9It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 8.11.2023 Manoj High Court of Judicature at Allahabad High Court of Judicature at Allahabad