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Neutral Citation No. - 2025:AHC:81291 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6481 of 2025 Applicant :- Deepak Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Sharma,Manoj Kumar,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary Affidavit, filed today is taken on record. Heard Shri Sumit Kumar Srivastava, learned counsel for the applicant and Shri Arimardan Yadav, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Deepak Gupta, seeking enlargement on bail in Case Crime No. 30 of 2025, under Sections 115 (2), 352, 351 (2), 351 (3), 109 and 85 of B.N.S.S. ans section 3/4 of Dowry Prohibition Act, Police Station-Chauri Chaura, District-Gorakhpur.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.01.2025. First Information Report has been lodged by the victim Kajal Gupta, with the allegation that the marriage of the applicant and victim has been solemnized on 05.12.2019 according to Hindu rituals. It is alleged, that after some times of marriage the applicant and other family members of the applicant started harassment of the victim for additional dowry of Rs. 50 Lakhs. On the date of incident all the family members hurled abuses and badly beaten her due to which she sustained severe injuries. In the medical report the injuries are opined simple in nature. Learned counsel for the applicant further submits that as the applicant and victim are husband and wife, they have entered into a compromise on 24.02.2025 and a letter, in this regard, has been sent by the victim to the S.S.P. concerned. Criminal history of one case has been
explained in the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for. Learned learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Deepak Gupta, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad