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2025 DAILYLAW 23523 (ALL)

LATA GUPTA AND ANOTHER v. STATE OF U.P.

NABAIL/1874/2025 · 2025-04-02

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:46619 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1874 of 2025 Applicant :- Lata Gupta And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by the counsel for the applicants, is taken on record. 2. Heard learned counsel for the applicants, Sri Ravi Prakash Singh, counsel for the informant as well as Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 397 of 2022, under Sections 323, 307, 498-A, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Jaithara, District Etah. 4. Counsel for the applicants contends that the applicants have been falsely implicated in the instant case. The applicant no.1 is the mother-in-law and the applicant no.2 is the brother-in-law of the victim-informant. In the alleged incident the victim-informant has not received any injury. No medical report is available on the case diary. There are vague and general allegations against the applicants. At this stage there is no credible evidence to establish that the victim was subjected to cruelty by her in-laws. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court vide order dated 19.01.2024. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are released on anticipatory bail till conclusion of trial, they will not misuse the said liberty. 5. Learned A.G.A. and the counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, in particular of the fact, that in the alleged incident the victim-informant has not received any injury, no medical report is available on the case diary, there are vague and general allegations against the applicants, at this stage there is no substantive evidence to establish that the victim was subjected to cruelty by her in-laws, charge sheet has been submitted, the applicants had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Lata Gupta and Rohit, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicants shall make themselves available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 3.4.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad