Disposed

Rakesh Kumar Gupta and Another v. State of U.P. and Another

Allahabad HC9 Aug 2021ABAIL/12589/2021

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application without adjudicating merits. The court ordered a negotiation process between the parties (former spouses) to restore peace. Police interference was stayed until negotiations were exhausted, after which regular bail could be sought if needed.

What did the court decide?

Negotiation between parties ordered before police interference; applicants to seek regular bail from lower court if negotiation fails.

Rakesh Kumar Gupta and Another Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12589 of 2021

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Applicant :- Rakesh Kumar Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- P.K. Upadhyay Counsel for Opposite Party :- G.A.,Sudeep Dwivedi

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This anticipatory bail has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No.240 of 2021, under Sections 498A, 376, 504, 506 IPC, Police Station Bhelupur, District- Varanasi.

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It is a peculiar case where initially both the sides particularly applicant no.1 and opposite party no.2 have entered into nuptial knot and at last unfortunately the same was broken. Now, the opposite party no.2 being the former wife of the applicant is pressuring the applicants and taking undue advantage.

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Sri Sundeep Dwivedi, learned counsel for the respondent and learned counsel for the applicants have agreed upon negotiation, if so facilitated at any platform between the parties in order to restore the peace between the parties as it is nothing but a case of some discontent arose out of the prevailing circumstances existing between the parties.

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In this view of the matter, let negotiation process be drawn between the parties either through the interference of the police officer or by the court concerned, as the case maybe, first and until and unless the negotiation process is exhausted, the police authority will not interfere with the parties, provided the parties co-operate with the investigation.

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However, in case, no negotiation takes place between the parties, then the applicants may move before the court below for obtaining the regular bail, for which the doors are open.

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With the aforesaid observation, this application stands disposed off.

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Nothing has been observed on the merit of the case.

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Order Date :- 9.8.2021 Raj

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Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.10 11:19:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Rakesh Kumar Gupta and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Gupta and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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