RAJU ALIAS RAJIV KUMAR GUPTA v. STATE OF U.P. AND ANOTHER
NABAIL/2085/2025 · 2025-03-23
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29729 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29729 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:42876 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2085 of 2025 Applicant :- Raju Alias Rajiv Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.336 of 2022, Case No. 7916 of 2024, under sections 379, 411, 419, 420, 467, 468, 471, 120B I.P.C., and section 3/58/72 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963, Section 4/21 Mines & Minerals (Regulation and Development) Act, 1957, Section 66D Information Technology Act and Section 3/4 Prevention of Public Property Damages Act, 1984, P.S. Robertsganj, District Sonbhadra (U.P.). 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The name of the applicant was disclosed by the driver of the vehicle no. U.P. 65 JT 9997. The said statement, insofar as it implicates the applicant, is unreliable. The applicant has not forged E-form C. Further, during the course of investigation the applicant has been granted anticipatory bail by this Court till submission of police report vide order dated 20.9.2022 passed in Criminal Misc. Anticipatory Bail Application No. 5810 of 2022 (Rajeev Kumar Gupta vs. State of U.P. and another). It is next contended that the investigation has been completed. The applicant had co-operated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for
the applicant, considering the nature of accusations, antecedents of the applicant, the fact that the name of the applicant was disclosed by the driver of the vehicle no.
U.P. 65 JT 9997, the fact that during the course of investigation the applicant has been granted anticipatory bail by this Court, the fact that the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Raju Alias Rajiv Kumar Gupta, 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 applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 24.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad