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2025 DAILYLAW 108919 (ALL)

SMT. KASTURI GUPTA AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/41006/2024 · 2025-04-22

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61088 Court No. - 84 Case :- APPLICATION U/S 482 No. - 41006 of 2024 Applicant :- Smt. Kasturi Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Surendra Mohan Mishra, learned counsel for applicants; learned A.G.A. for State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to quash the entire proceedings of Case No.150695 of 2021 (State Vs. Subhash Chandra Gupta and others), Charge-Sheet dated 09.10.2020, arising out of Case Crime No.256 of 2017, under Sections 419, 420, 406 I.P.C., Police Station-Chauri Chaura, District-Gorakhpur as well as cognizance/summoning order dated 29.10.2021, pending in the Court of Chief Judicial Magistrate, Gorakhpur. 3. After arguing the matter at some extent, learned counsel for applicants submits that present anticipatory bail application may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922" to which learned A.G.A. has no objection. 4. In view of the above, it is provided that in case the applicants, namely, Smt. Kasturi Gupta and Maina Devi, appear before the trial court within three weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by the Apex Court in Satender Kumar Antil (supra). 5. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, non-bailable warrant issued against the applicants shall be kept in abeyance. 6. The petition is disposed off accordingly. Order Date :- 23.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad