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2025 DAILYLAW 11963 (ALL)

AMIT KUMAR GUPTA AND ANOTHER v. STATE OF U.P.

ABAIL/672/2025 · 2025-03-18

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39590 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 672 of 2025 Applicant :- Amit Kumar Gupta And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and Sri V.P. Tripathi, learned AGA for the State- opposite party, and perused the material available on record. 2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 545 of 2012, under Sections 419, 420, 467, 468, 471, 474, 120-B I.P.C., Police Station Cantt., District Varanasi. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants as well as informant both are claiming rights on the disputed property. No sale-deed has been executed by the applicant in favour of the third party. The case is purely civil in nature. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that the case is purely civil in nature. Charge-sheet has been filed. The applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants- Amit Kumar Gupta and Shanti Devi, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) 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 concerned court. 7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 19.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad