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2025 DAILYLAW 35575 (ALL)

DEEP KUMAR ALIAS DEEP GUPTA v. STATE OF U.P. AND ANOTHER

NABAIL/2510/2025 · 2025-05-05

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72445 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2510 of 2025 Applicant :- Deep Kumar Alias Deep Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manisha Chaturvedi,Smt. Chandra Kala Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Chandan Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 0640 of 2021, under Sections 328, 376, 506 I.P.C., Police Station Kotwali, District Fatehpur with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the applicant challenged the F.I.R. dated 17696 of 2023 before this Court and was granted stay arrest order, till submission of charge sheet vide order dated 09.11.2023. Thereafter charge sheet dated 22.11.2023 and summons were issued on 17.01.2024 were issued, which was again challenged by the applicant by way of filing Criminal Misc. Application under Section 482 Cr.P.C. No. 10327 of 2024 and the co-ordinate Bench of this Court vide order dated 02.04.2024 had granted interim protection. Learned counsel further argued that the aforesaid application under Section 482 Cr.P.C. later on, was disposed of vide order dated 25.11.2024 directing the applicant to file discharge application as well as liberty was also proved to the applicant to take benefit of Judgement rendered by Hon'ble Apex Court in the matter of Satender Kumar Antil. Learned counsel next argued that pursuant to the order passed in Criminal Misc. (482) Application, the applicant filed a discharge application as well as anticipatory bail application before the trial Court, which anticipatory bail application has been rejected . It has also been argued that during the investigation, the statements under Sections 161 and 164 Cr.P.C., of the informant/opposite party no.2 were recorded but the same contradictory to each other. The victim also refused to undergo for medical examination, which itself cast a shadow of doubt upon the prosecution story. It has next argued that the applicant has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A.has opposed the application for anticipatory bail. 5. Perusal of the record shows that the victim has levelled specific allegation against the applicant in commission of offence. The investigating officer, during the course of investigation has collected credible evidence against the applicant and his complicity in commission of offence is supported by oral as well as documentary evidence and therefore, after hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any good ground for grant of anticipatory bail. 6. Accordingly, it is dismissed. Order Date :- 6.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad