GOPAL KRISHNA GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
/78/2025 · 2025-01-27
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119777 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119777 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5306 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 78 of 2025 Applicant :- Gopal Krishna Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ashish Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 477 of 2024, under sections 316(2), 319(2), 318(4), 338, 336(3), 340(2), 352, 351(3) of BNS, P.S.- Maharajganj District - Raebareli.
3. From perusal of the allegations made in the first information report and the records thereof, it transpires that it has been alleged that the applicant has committed cheat and fraud and the matter pertains to the financial fraud which are the class apart.
4. This court is also aware of the law laid down by the Hon'ble Apex Court in the case of P.Chidambram Vs. Directorate of Enforcement, reported in (2019) 9 Supreme Court Cases, 24, wherein it has been held that case of economic offences are of different class as they affect the economic fabric of the society and therefore, the power under section 438 of the Cr.P.C., be exercised sparingly and in such matters, the bail applications must be granted in exceptional cases, after application of mind in relation to nature and gravity of accusation, possibility of applicant fleeing justice and other factors.
5. Learned counsel for the applicant has failed to satisfactorily substantiate that the applicant would not tamper the evidences and would not threaten the witnesses. Application of arrest has also been denied.
6. Thus, this court does not find any good ground to intervene in this matter. The anticipatory bail application of the applicant, Gopal Krishna Gupta, is hereby dismissed.
7. Consigned to records. Order Date :- 27.1.2025/Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench