Godiya Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:28777

Court No. - 13

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 309 of 2025

Applicant :- Godiya Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anupam Bajpai,Sandeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Counter affidavit filed today is taken on record.

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Heard learned counsel for applicant and learned A.G.A. for opposite party No.1-State.

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As per report dated 12th May, 2025 submitted by Chief Judicial Magistrate Pratapgarh opposite party No.2 has been duly served but has not put in appearance.

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Earlier vide order dated 29th April, 2025, interim anticipatory bail had been granted to the applicant which is as follows:-

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"Heard learned counsel for applicant and learned A.G.A. for Stateopposite party No.1.

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Issue notice to opposite party No.2.

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First anticipatory bail application has been filed with regard to case crime No. 108 of 2025, under Section 316(2), 318(4), 131, 352, 351(3) BNS, P.S. Ramsanehighat, District Barabanki.

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As per contents of F.I.R., co-accused Govind Gupta, husband of the applicant is said to be an authorized agent of LUCC company and had induced the informant to make substantial investment in the company on the false pretext of providing interest but despite three years having passed, no payment was made during which the informant approached the said person but Govind Gupta alongwith applicant who is his wife is said to have attacked him.

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Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him which would be evident from the fact that main gist of allegation is in fact levelled against her husband with only accusation against applicant being of attacking the informant. It is submitted that none of the sections imputed against the applicant are in fact made out.

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Learned A.G.A. has opposed bail application with submission that applicant is not cooperating in the investigation although she does not have any previous criminal history.

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Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that main gist of allegations have been levelled against the applicant's husband and not against the applicant who even otherwise does not have previous criminal history.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail.

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Let the accused-applicant Godiya Gupta 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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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/I.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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List this case on 15th May, 2025 as fresh in order to enable learned A.G.A. to file objections who shall also inform otherwise the applicant has cooperated during course of investigation. The applicant shall make herself available for providing statement before the investigating officer on 5th May, 2025 at 2.00 P.M."

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In terms of aforesaid, learned A.G.A. on the basis of counter affidavit submits that applicant cooperated in the investigation whereafter charge sheet has been filed. There is no situational difference on merits from the date when interim anticipatory had been granted to the applicant.

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Considering aforesaid, the interim anticipatory bail granted earlier to applicant vide order dated 29th April, 2025 is hereby made absolute.

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In view of the above, it is provided that in the event of arrest, the applicant- Godiya Gupta shall be released on anticipatory bail in case crime No. 108 of 2025, under Section 316(2), 318(4), 131, 352, 351(3) BNS, P.S. Ramsanehighat, District Barabanki 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

Godiya Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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