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2026 DAILYLAW 4960 (ALL)

CHANDRA PRAKASH GUPTA v. STATE OF U.P.

BAIL/28946/2026 · 2026-09-07

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28946 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Sri Ajeet Kumar Srivastava, learned counsel for the applicant appears and hands up the deposit receipt of Rs. 35,000/- as mediation amount as directed by the Writ Court. The receipt is taken on record. 1A. Heard Sri Srivastava, learned counsel for accused applicant, Sri Mukesh Kumar Pandey, learned counsel for the informant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Chandra Prakash Gupta to enlarge him on bail in Case Crime No. 337 of 2026, under Sections 85, 115(2), 352, 351(2),89 BNS, P.S.- Kowali Padrauna, District- Kushninagar, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been implicated in the FIR dated 18.06.2026 lodged by the wife of the applicant against the applicant and his family members with the allegation that the accused/applicant and victim/informant have entered into marriage on 04.12.2025 and soon thereafter there was consistent demand of dowry and matrimonial atrocities. It is also alleged in the FIR that on 23.03.2026, the accused/applicant has assaulted the injured/informant in her stomach, which led to the miscarriage. It is contended by learned counsel that the accused/applicant has been falsely implicated and there is nearly delay of three months in lodging of the FIR. The statement of doctor, who was treating the injured specify in her statement under Section 180 BNSS that there was no apparent injury on Versus Counsel for Applicant(s) : Ajeet Kumar Srivastava, Akshansh Counsel for Opposite Party(s) : Mukesh Kumar Pandey, G.A. Chandra Prakash Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) the person of injured but she has reported miscarriage. It is the contention of learned counsel that the mediation is referred in Crl. Misc. Writ Petition No. 18082 of 2026 ( Chandra Prakash Gupta and 4 others Vs. State of U.P. and 2 others), wherein accused/applicant has deposited the amount stated. He wants to appear before the mediation. He has no criminal history. The charge sheet is submitted. The accused applicant is languishing in jail since 23.07.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering that the matrimonial case is referred for mediation and the charge sheet is submitted, the accused/applicant is entitled to be released on bail. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 8, 2026 Abhishek Sri. BAIL No. 28946 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad