Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8788 of 2021 Applicant :- Amit Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Chandra Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Amit Gupta, seeking anticipatory bail in Case Crime No. 43 of 2021, under Sections - 498A, 323, 504, 506 I.P.C., Police Station - Bisrakh, District - Gautam Budh Nagar, during pendency of trial.
3. Put up this case on 05.08.2021, in the additional cause list before the appropriate Bench. By the said date, counter affidavit be filed by learned A.G.A.
4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.
5. While the bail application has been opposed by learned AGA, it has been submitted by learned counsel for the applicant that the marriage was performed on 15.05.2010 and there was no grievance with the informant for long period of 10 years. Therefore, demand of dowry etc. is stated to be patently false.
6. Thus, without expressing any opinion on the merits of the case, the applicant is entitled to interim anticipatory bail in this case, at this stage.
7. In the event of arrest of the applicant - Amit Gupta, involved in the aforesaid case crime, he shall be released on interim anticipatory bail during the investigation, till the next date fixed, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
(i) The applicant shall make himself available for interrogation by a police officer as and when required.
(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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.
Order Date :- 8.4.2021 A.Kr.