Allowed

Dhananjay Gupta v. State of U.P.

Allahabad HC19 Jul 2022BAIL/47143/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 47143 of 2021, the Allahabad High Court allowed the bail prayer of Dhananjay Gupta, charged under IPC 343, 504, 506, and 376. The court found merit in the applicant's counsel's submissions that the FIR was falsely implicated due to a broken relationship and held that the State could not satisfactorily dispute this.

What did the court decide?

Released on bail by furnishing personal bond and two sureties with conditions against tampering with evidence and influencing witnesses.

Dhananjay Gupta Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47143 of 2021

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Applicant :- Dhananjay Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tripathi,Ashish Kumar Singh,Pradeep Kumar Singh,Rayoof Ali Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.126 of 2021 at Police Station Khazani District Gorakhpur under Sections 343, 504, 506, 376 IPC. The applicant is in jail since 17.09.2021.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Gorakhpur on 13.10.2021.

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Shri Pradeep Kumar Singh, learned counsel and Shri Rayoof Ali, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The FIR is the result of a relationship gone awry. The applicant and the victim were intimate. They had a consensual physical relationship. The applicant did not give a plighted word to marry the victim during their relationship. The FIR is being leveraged to force the applicant to marry the victim. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.

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Shri Rishi Chaddha, learned A.G.A for the State could

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not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Dhananjay Gupta be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 19.7.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.07.19 15:27:11 IST Reason: Location: High Court of Judicature at Allahabad

Dhananjay Gupta v. State of U.P.

Case brief

What is this about?

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Dhananjay Gupta v. State of U.P.

Case brief

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