Krishna Mohan Lal Gupta @ Krishna Mohan Gupta v. State of U.P. Thru.Prin. Secy. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2906 of 2023 Applicant :- Krishna Mohan Lal Gupta @ Krishna Mohan Gupta Opposite Party :- State Of U.P. Thru.Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard the learned counsel for the applicant as well as the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.126 of 2017, under Sections 498A, 323, 504, 506, 313 I.P.C., 3/4 Dowry Prohibition Act, 1961 registered at Police Station Kunda, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.04.2017, against four persons, including the applicant, alleging that informant got married to the applicant's son, co-accused-Vishal Kumar Gupta on 22.02.2016; that all the accused persons used to harass her for dowry demand and they forcibly turned her out from her matrimonial home on

27.05.2016.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is a 79 years old person having no criminal history and he has falsely been implicated in the present case because of matrimonial dispute between the informant and her husband.

¶5The learned counsel for the applicant has submitted that a co-accused Shalini Gupta @ Neha has already been granted bail by means of an order dated 19.09.2023 passed by this court in Criminal Misc. Anticipatory bail Application No. 2030 of 2023.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a 79 years old person having no criminal history; that a co-accused has already been granted bail and without making any observations which may affect the outcome of the case, I am of the view that the applicant is also entitled to be grated anticipatory bail.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Krishna Mohan Lal Gupta @ Krishna Mohan Gupta before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

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

(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 pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 16.12.2023/Preeti. High Court of Judicature at Allahabad, Lucknow Bench