ANITA GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/7628/2025 · 2025-10-07
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 97289 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97289 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7628 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of applicants is taken on record. 2. Heard Shri Kalp Dev Mishra, learned counsel for the applicants, Shri Chandra Shekhar Saran, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no.11 of 2025, under Sections 319(2), 318(4), 336(3), 338 of BNS, Police Station Rewtipur, District Ghazipur, with the prayer that in the event of arrest, applicants may be released on bail. 4. It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that the allegation of receiving money from the first informant on the false promise of securing government job is to the co-accused Vinod Kumar Gupta, who is in jail. It is further submitted that the applicants are wife, son and daughter of the said co-accused Vinod Kumar Gupta. It is further submitted that they have been falsely implicated due to being family members of the main co-accused Vinod Kumar Gupta and there is no evidence against them. It was also submitted that applicants undertake to co- operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co- operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the applicants are having criminal Versus Counsel for Applicant(s) : Kalp Dev Mishra, Sanjay Pandey Counsel for Opposite Party(s) : G.A. Anita Gupta And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
history of cases. 6. In reply, learned counsel for the applicants submits that the criminal history, which have been explained in the supplementary affidavit filed today. 7. As per first information report, co-accused Vinod Kumar Gupta is said to have received Rs.13,00,000/- from the first informant on the false promise of securing government job. The applicants are the wife, son and daughter of the co-accused Vinod Kumar Gupta.
The applicants are having criminal history, which have been explained in the supplementary affidavit filed today. 8. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 9. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant- Anita Gupta, Gaurav Gupta @ Raja and Rani @ Shivani Gupta, involved in the aforesaid case crime shall be released on anticipatory bail on their 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 applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants 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 him/her/them from disclosing such facts to the Court or to any NABAIL No. 7628 of 2025 2
police officer; (iii) The applicants would co-operate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 12.
In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. October 8, 2025 RKM NABAIL No. 7628 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad