ASHISH GUPTA ALIAS ASHISH KUMAR GUPTA v. THE STATE OF JHARKHAND
A.B.A./4395/2025 · 2025-09-25
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22489 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22489 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:30131
--1-- A.B.A. No. 4395 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4395 of 2025
---- Ashish Gupta @ Ashish Kumar Gupta, aged about 26 years, son of Anil Gupta, resident of village – Akbar Lane, Daleipada, PO PS and District – Sambalpur (Odisha)
.... Petitioner -- Versus --
1. The State of Jharkhand
2. Victim
.... Opposite Parties
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Rajesh Kumar, Advocate
For the State
:- Mr. Achinto Sen, Advocate
---- 03/25.09.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Lohardaga P.S. Case No.86 of 2023, for the alleged offences registered under Sections 504, 506, 509 and 354A of Indian Penal Code and Section 67 of Information Technology Act pending in the Court of learned C.J.M., Lohardaga.
3.
Learned counsel appearing for the petitioner submits that the petitioner and the entire family members have been falsely implicated in this case. He further submits that the petitioner is the brother of the husband of the sister of the informant. He then submits that the sister of the informant has lodged the case under Section 498A and other Sections of IPC against the petitioner and other family members and to make out a case further more grave
2025:JHHC:30131
--2-- A.B.A. No. 4395 of 2025
the present FIR has been lodged by the informant, who happened to be the sister of wife of brother of the petitioner. He refers to What’s App message contained at Page 24 and submits that the informant has sent the message to the petitioner in very unparliamentary language which clearly suggests that false case has been lodged against the petitioner. He also submits that the petitioner has received the notice under Section 41A of Cr.P.C. and has also replied the same in which he has admitted that the petitioner has also replied to the said message through his mobile that has been done out of anger. On this ground, he submits that the anticipatory bail may kindly be granted to the petitioner.
4.
Learned counsel appearing for the State submits that by the earlier order case diary was called for which has been received and in the case diary there are materials against the petitioner. He further submits that genuinity of the message annexed with the petition is required to be asserted. On this ground, he submits that the anticipatory bail of the petitioner may kindly be rejected.
5. Looking into the said message contained at Page 24, it transpires that very unparliamentary language have been used and in fact threatening has been made to the petitioner to the effect that whatever the petitioner want to do he may do so the informant will take care of that and the informant’s sister has already filed a case earlier against the entire family members of the petitioner under Section 498A and other Sections of IPC and in the present
2025:JHHC:30131
--3-- A.B.A. No. 4395 of 2025
FIR even the grand-mother and grand-father have not been spared who are aged about 85 years. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned C.J.M., Lohardaga in connection with Lohardaga P.S. Case No.86 of 2023, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated 25.09.2025 Sangam/