RAVI KUMAR GUPTA @ DEEPAK GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
NABAIL/86/2025 · 2025-01-28
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120040 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120040 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5819 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 86 of 2025 Applicant :- Ravi Kumar Gupta @ Deepak Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Ms. Arti Shukla, learned counsel for the applicant and Sri Nirmal Pandey, learned AGA. The present applicant is apprehending his arrest in case crime no. 636 of 2024 under Section 303(2) BNS at P.S. Kotwali City, District Pratapgarh. Notably, the First Information Report has been registered for the offence, wherein, the punishment is only up to seven years. Therefore, the present applicant is entitled for the benefit of the dictum of Apex Court in re:- Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. The law of Supreme Court is binding over all the subordinate courts, therefore, the present applicant is not having any apprehension of arrest. While rejecting the anticipatory bail application by the session Court, this fact has been indicated in the order dated 13.12.2024. Therefore, without entering into the merits of the issue, I hereby dispose of this petition finally at the admission stage, giving liberty to the applicant to appear before the investigating agency to cooperate in the investigation, within a week, to be more precise, on or before 4th February 2025. He shall further cooperate in the investigation till completion of investigation or filing of police report. He shall also be given the benefit of section 41-A of CrPC as has been mandated by the Apex Court in re:- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. The aforesaid judgement is also binding upon the investigating agency. It is needless to say that if the present applicant does not cooperate in the investigation or he does not appear before the
investigation agency within time so directed in this order, any appropriate coercive steps may be taken against him strictly in accordance with law. Accordingly, the application is disposed of. Order Date :- 28.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench