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2025 DAILYLAW 125035 (ALL)

UTSAV GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

NABAIL/167/2025 · 2025-03-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17349 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 167 of 2025 Applicant :- Utsav Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Arun Sinha,Abhijeet Bharti,Ram Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arun Sinha, the learned counsel for the applicant, Sri Ravi Srivastava, learned AGA and Sri Umang Agarwal, who has filed vakalatnama and a short counter affidavit and perused the records. The State has also filed a counter affidavit, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 05/2025, under Sections 69, 89 & 352 B.N.S., Police Station Palia, District Lakhimpur Kheri. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on09.01.2025 against the applicant and his brother Satyam Gupta, stating that the informant was in touch with the applicant for the past two years. Under allurement of marrying her, the applicant repetitively made physical relations with the informant due to which she became pregnant but ultimately the applicant declined to marry her. Some photographs have been annexed with the bail application showing the applicant and the informant in an affectionate relationship. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit annexing therewith copies of material collected during investigation as well as a copy of a charge sheet submitted on 05.03.2025. 6. The informant has also filed a short counter affidavit stating that she has entered into a compromise with the applicant and she does not want any proceeding to continue against the applicant. 7. The applicant was granted interim anticipatory bail by means of an order dated 24.02.2025. 8. Keeping in view the aforesaid facts, I am of the view that the applicant is entitled to be released on anticipatory bail in the aforesaid crime. 9. Accordingly, this anticipatory bail application stands allowed in terms of interim order 24.02.2025. [Subhash Vidyarthi, J.] Order Date :- 26.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench