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2025 DAILYLAW 145779 (ALL)

SANJAY GUPTA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/657/2025 · 2025-06-10

Rajeev Singh

body2025

Judgment text

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Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 657 of 2025 Applicant :- Sanjay Gupta And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kaustubh Singh,Amit Tewari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 0155 of 2023 under Sections 420, 504, 506 I.P.C., Police Station Gangaghat, District - Unnao with the prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicants submits that detail investigation has already been concluded and charge sheet has already been submitted by the Investigating Officer and during the course of investigation, applicants cooperated with the Investigating Officer. He further submits that no substantial evidence was found against the applicants and they are ready to cooperate in he trial, therefore, custodial trial is not necessary. He further submitted that the applicants does not have any criminal antecedent and during the course of investigation, applicants were not arrested and they co-operated in the investigation, therefore, they are entitled to be released in terms of law laid down by the Hon'ble Supreme Court in the case of Siddarth vs. State of U.P. & Anr. reported in 2021 SCC OnLine SC 615. 4. Learned A.G.A. oppose the prayer of the applicants but he does not dispute this fact that charge sheet has already been filed by the Investigating Officer and applicants were not taken into custody. 5. I have considered the argument of the learned counsel for the parties and gone through the contents of the F.IR. and the offences alleged. 6. Keeping in view the reasons, as stated above, as also the facts and circumstances of the case, a case for anticipatory bail to the applicants is made out, accordingly, the present application is allowed. 7. In the event of arrest of the applicants, namely, Sanjay Gupta & Sapna Gupta in the aforesaid case, they shall be released forthwith by the Station House Officer of the police station concerned, on their separate furnishing of personal bond of Rs.50,000/- with the following condition:- (i) The applicants shall make themselves available for interrogation or for discovery of any fact by a police officer/investigating officer as and when required and will cooperate in the investigation. (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 them from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave the country without the previous permission of the court. (iv) The applicants shall deposit their passport with the trial court and if they have not been issued any passport, an affidavit in this regard shall be filed by them before the trial court. 8. Any violation of above conditions will be treated misuse of bail and court below will be at liberty to pass appropriate order in the matter. Order Date :- 10.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench