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2025 DAILYLAW 77721 (ALL)

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

NABAIL/6364/2025 · 2025-08-07

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134445 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6364 of 2025 Applicant :- Suryabhan Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned A.G.A. submits that notice of the instant application has been served upon the informant and Child Welfare Committee, Gazipur on 21.07.2025. The receiving endorsements produced by the learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material available on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 116 of 2024, under Sections 75, 352, 351(2) of B.N.S. and Section 9m/10 of POCSO Act, Police Station- Dildar Nagar, District- Ghazipur. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case due to certain other dispute between the parties. The applicant did not act inappropriately with the victim. At this stage there is no credible evidence to link the applicant with the offence. During the course of investigation, the applicant was granted the benefit of Section 35 of B.N.S.S. Investigation has been completed. Charge sheet has been filed. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal history. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has 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 counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that during the course of investigation, the applicant was granted the benefit of Section 35 of B.N.S.S., at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, 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. 7. In the event of arrest, the applicant Suryabhan Gupta 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 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. 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 :- 8.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad