VINOD KUMAR GUPTA AND ANOTHER v. State of UP AND 2 OTHERS
NABAIL/11666/2024 · 2025-01-08
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109377 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109377 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:4559 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11666 of 2024 Applicant :- Vinod Kumar Gupta And Another Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Arvind Kumar Pandey,Sangam Kumar,Vivekanand Rai Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Learned counsel for the applicants submits that the applicant no.2 (Vipin Yadav) has been arrested by the police and he is not pressing the present anticipatory bail application on behalf of applicant no.2, therefore, anticipatory bail application on behalf of applicant no.2( Vipin Yadav) is dismissed as not pressed. 2. Heard learned counsel for the applicant, learned AGA on behalf of the State and perused the record. 3. This anticipatory bail application (under section 482 B.N.S.) has been moved seeking bail in Case Crime No.92 of 2024, under Sections 61(2), 319(2), 318, 336(3), 338, 352, 351(3) B.N.S., P.S. Revatipur, District Ghazipur. 4. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Allegation is false and without supported by any evidence. Informant executed sale deed in favour of applicant and other allegation alleged in the FIR is without any substantive evidence. Applicant no.1 has no criminal history. In case, the applicant no.1 is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 5. Learned AGA opposed the prayer for anticipatory bail of the applicant no.1 with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. 6. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 7.
Let the applicant no.1 Vinod Kumar Gupta, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :- (i) The applicant no.1 shall make himself available for interrogation by a police officer as and when required; (ii) The applicant no.1 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant no.1 shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant no.1.
10. The application stands allowed.
Order Date :- 9.1.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad