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2025 DAILYLAW 181997 (ALL)

Gunjan Gupta v. State of U.P. thru Principal Secretary Home

/11407/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11407 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Sudhakar Mishra, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 99 of 2025, under sections 108, 352, 351(3) BNS, P.S. Mandhata, District Pratapgarh. 3. Learned counsel for the applicant argues that in terms of FIR lodged through application under Section 173(4) Cr.P.C. it was alleged that brother of informant was married to the applicant. Subsequently on account of marriage discords various demands were made and cases were also lodged because of brother of the informant was under depression and committed suicide. Cause of death as per post mortem report is ante mortem hanging. Considering the nature of allegations post mortem report prima facie there is no material to suggest abetment as defined under the BNS. 4. Learned AGA and learned counsel for the informant have opposed the bail application. 5. Considering the law laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and Anr vs Inspector of Police, 2022 SCC Online SC 1387, however, without commenting upon the merits of the case, the applicant who is in jail since 8.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Gunjan Gupta .....Applicant(s) State Of U.P. Thru Principal Secretary Home .....Opposite Party(s) is allowed. 6. Let the applicant Gunjan Gupta be released on bail in aforesaid FIR number on her furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 20, 2025 J. K. Dinkar BAIL No. 11407 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench