Dipu Gupta vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Dipu Gupta vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional procedural relief notwithstanding dismissal: appellant may appear and move a bail application before the learned court concerned within thirty days, to be heard and decided expeditiously in the light of Satender Kumar Antil v. CBI (LL 2022 SC 577); in the meantime, the appellant will not be arrested.

Issue for consideration

Whether the criminal appeal lodged by appellant Dipu Gupta praying that the judgment and order dated 16.12.2024 of the learned Sessions Judge/Special Judge SC/ST Act, District Lucknow rejecting his anticipatory bail application be set aside and the appeal allowed.

Ratio / Principle

There is no ground to set aside the order dated 16.12.2024 of the learned Special Judge SC/ST Act rejecting the appellant's anticipatory bail application, and the criminal appeal is accordingly dismissed. In so concluding, the Court weighed the exhaustion of process under Sections 82 and 83 Cr.P.C., the appellant's continued non-appearance before the court, and the allegation of commission of rape against him, while expressly refraining from making any further comment on the merits of the case.

Key takeaways

Operative directions attached to the dismissal: (i) if the appellant appears and moves a bail application before the learned court concerned within thirty days, it shall be heard and decided expeditiously, as far as possible in the light of the Supreme Court precedent in Satender Kumar Antil v. CBI (LL 2022 SC 577, decided 11.07.2022); and (ii) in the meantime the appellant will not be arrested.ratio¶¶15

Detailed headnote1 paragraphs

Criminal Appeal No. 223 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation No. 2025:AHC-LKO:5150), Subhash Chandra Sharma, J., decided 27.01.2025 — Dipu Gupta v. State of U.P. & Anr. Appellant challenged the judgment and order dated 16.12.2024 of the learned Sessions Judge/Special Judge SC/ST Act, Lucknow rejecting his anticipatory bail application in Special Session Trial No. 9766 of 2024 (Case Crime No. 380 of 2024, P.S. Sushant Golf City; S. 376(2)(n) IPC & S. 3(2)(v) SC/ST Act). Held: appeal dismissed — process under Ss. 82 & 83 Cr.P.C. stood exhausted, the appellant was not appearing before the court, and rape was alleged against him; the Court expressly made no further comment on the merits. Directions: on the appellant's appearance within thirty days, any bail application is to be heard and decided expeditiously in the light of Satender Kumar Antil v. Central Bureau of Investigation and another (LL 2022 SC 577, dt. 11.07.2022); interim non-arrest ordered.

Neutral Citation No. - 2025:AHC-LKO:5150

Court No. - 14

Case :- CRIMINAL APPEAL No. - 223 of 2025

Appellant :- Dipu Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Amitesh Pratap Singh Counsel for Respondent :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Mrs. Kiran Yadav, A.C.P., Gosaiganj, Lucknow is present in the Court.

Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the material placed on record.

The present criminal appeal has been preferred with a prayer to allow the present appeal and set aside the judgment and order dated 16.12.2024 passed by the learned Sessions Judge/ learned Special Judge SC/ST Act, District Lucknow in anticipatory bail of the appellant in Special Session Trial No. 9766 of 2024 arising out of Case Crime No. 380 of 2024, under Sections 376(2)(n) of I.P.C. & 3(2)(v) of S.C./S.T. Act, Police Station Sushant Golf City, District Lucknow.

It is submitted by learned counsel for the appellant that in this case he is innocent and has falsely been implicated by the informant for committing rape with her under pretext of marriage though she was a married lady. It is further submitted that a writ petition for quashing of F.I.R. was filed before this Court but it was withdrawn with submission of the State that charge sheet has been filed though there was no charge sheet. It is also submitted that process under Section 83 Cr.P.C. has also been executed against the appellant.

No prima facie case under Section 3(2)(v) of S.C./S.T. Act is made out from the facts of the case against the appellant. The court below while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the anticipatory bail application of the appellant suffers from infirmity and illegality warranting interference by this Court.

Learned A.G.A. opposed the prayer as aforesaid and contended

that in this case the appellant knew the fact that opposite party belonged to S.C./S.T. caste even though he established physical relations with her and committed rape. He is not appearing before the court concerned and also not co-operating with the investigation, therefore, process under Section 82, 83 Cr.P.C. was issued and has also been exhausted even though he is not appearing. In this way, provisions of S.C./S.T. Act will also attract and prima facie case is made out, therefore, order passed by learned Special Judge is not liable to be set aside.

Considering the facts and circumstances of the case, submissions made by learned counsel for the appellant as well as learned A.G.A. and perusal of record and the fact that even process under Section 82, 83 Cr.P.C. has also been exhausted and appellant is not appearing before the court and there is allegation of commission of rape against him, therefore, without making any further comment on the merit of the case there appears no ground to set aside the order dated 16.12.2024 passed by learned Special Judge SC/ST Act and to allow the appeal.

Accordingly, the present criminal appeal is dismissed .

As per submission made by learned counsel for the appellant, it is directed that in case, the appellant appears and moves bail application before the learned court concerned within a period of thirty days from today, it will be heard and decided expeditiously as far as possible in the light of case decided by Hon'ble the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022.

In the mean time, appellant will not be arrested.

Order Date :- 27.1.2025 Suraj Srivastav

Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench