Allahabad High Court
Ankit Gupta And 5 Others vs State Of U.P. And 3 Others on 21 January, 2020
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 763 of 2020 Applicant :- Ankit Gupta And 5 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kailash Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Suneet Kumar,J.
Heard Sri Kailash Prakash Pandey, learned counsel for the applicants, Sri Mithlesh Kumar Mishra, learned counsel for the informant, as well as, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0514 of 2019, under Section 498A, 323, 307, 354, 377, 406, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Dibai, District Bulandshahr, during the pendency of investigation.
It is urged by learned counsel for the applicants that the prosecution lodged against the applicants is malicious and misuse of the process of the court; the marriage between the applicant no. 1 and the daughter of the informant was solemnized on 16 February 2012; a complaint was filed with the Senior Superintendent of Police, Kanpur, by the applicant no. 1 regarding the conduct of the daughter of the informant. Further, a suit for separation has been instituted with the allegation that the daughter of the informant suffers from paranoid schizophrenia. It is urged that the F.I.R. was subsequently lodged on receiving the summons on 10.11.2019 in retaliation. The accused-applicants have been falsely implicated. They have no criminal history. If they are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Learned AGA has opposed the prayer for anticipatory bail of the applicants.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, considering the nature of accusation, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Ankit Gupta, Sunil Kumar Gupta, Asha Gupta, Gaurav Varshney, Sweta Gupta and Vishal Gupta, involved in the aforesaid case, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make himself available for interrogation by a police officer as and when required;
iii) the applicants 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 office;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. Concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 21.1.2020 K.K. Maurya