Divya Gupta Vs State of U.P. Thru. Prin. Secy. Home Deptt. Sectt.Lko and Another

Neutral Citation No. - 2025:AHC-LKO:28665

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 382 of 2025

Applicant :- Divya Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt.Lko And Another Counsel for Applicant :- Raksha Shukla,Abhishek Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned A.G.A. for opposite party.

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As per office report dated 14th May, 2025, opposite party No.2 has been personally served but has not yet put in appearance.

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Counter affidavit filed today is taken on record.

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Earlier vide order dated 21st April, 2025 applicant had been provided interim protection which is as follows:-

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"1. Heard learned counsel for applicant and learned A.G.A. for opposite party no.1-State. Supplementary affidavit filed today is taken on record. Issue notice to opposite party no.2.

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2. First anticipatory bail application has been filed with regard to case crime No.566 of 2023, under Sections 406, 419, 420, 467, 468, 471 IPC, P.S. Vibhuti Khand, District Lucknow.

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3.As per contents of first information report, person nominated in the FIR, including the applicant, allegedly defrauded the informant by accepting huge amount of money on the pretext of providing employment but the appointment letters were subsequently found to be forged.

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4. It has been submitted by learned counsel for applicant that she has been falsely implicated in the charges levelled against her and that it is her husband Ashwani Gupta who is an employee of the company while applicant has been nominated only on the basis of being wife of the said person. It is submitted that main accused Harivansh Verma @ Satish Sharma who is allegedly Managing Director of the Company has already been enlarged on bail by this Court in Bail Application No.15284 of 2023 and Ashwani Gupta has been enlarged on bail by this Court in Bail Application No.84 of 2024. It is submitted that applicant's single case previous history has already been explained.

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5. Learned A.G.A. has opposed anticipatory bail application with the submission that applicant is not cooperating in the investigation and the FIR clearly indicates her involvement.

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6. Considering the aforesaid facts and circumstances of the case and after

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perusal of the record, this Court finds it to be a fit case of interim anticipatory bail.

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7. Let the accused- Divya Gupta applicant as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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8. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-

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(i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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(ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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Applicant appear before the Investigation Officer on 24.04.2025 at 02.00 P.M. In case of failure, learned AGA shall intimate this Court with regard to same.

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9. List this case on 15.05.2025, as fresh.

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10. Objections may be filed in the meantime."

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In pursuance thereof, it has been submitted by learned A.G.A. on the basis of instructions that applicant has cooperated in the investigation thereafter charge sheet has also been filed.

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Upon consideration of aforesaid submissions, it is evident that there is no situational difference from the aspects which were under consideration while grant of interim protection to the applicant who has subsequently cooperated during investigation.

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Considering aforesaid, interim anticipatory bail granted to the application earlier vide order dated 21st April, 2025 is made absolute.

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In view of the above, it is provided that in the event of arrest, the applicant- Divya Gupta shall be released on anticipatory bail in case crime No.566 of 2023, under Sections 406, 419, 420, 467, 468, 471 IPC, P.S. Vibhuti Khand, District Lucknow on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting

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officer/investigating officer/S.H.O. concerned with the following conditions:-

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(i) 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 from disclosing such facts to the court or tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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The application stands allowed.

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Order Date :- 15.5.2025 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Divya Gupta v. State of U.P. Thru. Prin. Secy. Home Deptt. Sectt.Lko and Another

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Divya Gupta v. State of U.P. Thru. Prin. Secy. Home Deptt. Sectt.Lko and Another

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