VEERU GUPTA ALIAS VEERU JAALI v. STATE OF U.P. AND ANOTHER
NABAIL/2718/2025 · 2025-04-08
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37904 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37904 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51223 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2718 of 2025 Applicant :- Veeru Gupta Alias Veeru Jaali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saket Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned AGA for the State- opposite party no. 1, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 153 of 2023, under Sections 387, 500, 504 I.P.C., Police Station Kotwali Nagar, District Hamirpur. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. No money was paid by the informant to the applicant. No offence under Section 387 I.P.C. is made out against the applicant. There is no allegation in the FIR nor in the statement of the informant recorded under Section 161 Cr.P.C. about delivery of any property or valuable security as referred in section 383 I.P.C. In support of his submission, counsel for the applicant has placed reliance upon the judgement of the Hon'ble Supreme Court in Isaac Isanga Musumba and other Vs. State of Maharashtra and others, 2014 15 SCC 357. During the course of investigation the applicant was granted benefit of Section 41-A Cr.P.C. Investigation has been completed. Charge-sheet has been submitted. No custodial interrogation is required. The applicant has been summoned by the court concerned. For the offences alleged the maximum punishment provided is upto seven years. The criminal history of the applicant has been explained in Paragraph-31 of the affidavit. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. 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 and antecedents of the applicant and, in particular, the fact that there is no allegation in the FIR nor in the statement of the informant recorded under Section 161 Cr.P.C. about delivery of any property or valuable security as referred in section 383 I.P.C.; investigation has been completed; no custodial interrogation is required; and, for the offences alleged the maximum punishment provided is upto seven years; 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- Veeru Gupta a@ Veeru Jaali, 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. Further, 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 :- 9.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad