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2025 DAILYLAW 62373 (ALL)

SUDHA GUPTA v. STATE OF U.P. AND 3 OTHERS

BAIL/17998/2025 · 2025-05-25

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91761 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17998 of 2025 Applicant :- Sudha Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Dwivedi,Deepankar Dwivedi,Shiv Bilas Soni Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Ashok Kumar Dwivedi, learned counsel for the applicant and Shri Manav Chaurasiya, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.1047 of 2024, under Section 108 B.N.S., Police Station Kotwali Nagar Banda, District Banda, during pendency of the trial in the court below. 3. Learned counsel for applicant submits that however, applicant is the wife of the deceased and as per allegation, she was having illicit relationship with the co-accused Jeetu Gupta and therefore, her husband committed suicide but entire allegation levelled against her is totally false. 4. He further submits that even if the allegations are accepted then also it cannot be said that due to the abetment of the applicant, deceased committed suicide. 5. She further submits that applicant is lady and she is having no criminal history and she is in jail in the present matter since 03.01.2025. 6. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. However, as per allegation, applicant, who is wife of the deceased, was having illicit relationship with co-accused Jeetu Gupta, therefore, deceased committed suicide but considering the entire material available on record, this Court finds merit in the argument advanced by learned counsel for the applicant that even if the allegations are accepted then also it cannot be said that due to the abetment of the applicant, deceased committed suicide. 9. Further, applicant is lady and she is having no criminal history and she is in jail in the present matter since 03.01.2025. 10. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Sudha Gupta, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 26.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad