Shambhu Gupta Alias Shambhu Prasad Gupta Vs the State of… — Dowry and Cruelty | Jharkhand HC (2024)

Shambhu Gupta Alias Shambhu Prasad Gupta Vs the State of… — Dowry and Cruelty | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

No anticipatory bail granted; petitioners directed to appear before the concerned Trial Court within three weeks and seek regular bail, the application there to be disposed of in strict compliance with the Satender Kumar Antil guidelines.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners who apprehend arrest in connection with Complaint Case No.396 of 2022 (Sections 323/341/498A/504/506/34 IPC and Sections 3/4 Dowry Prohibition Act). +1 more

Court's answer

Without expressing any view on the merits of the case, the Court directed the petitioners to appear before the concerned Trial Court within three weeks and seek regular bail.

Ratio / Principle

The Trial Court shall dispose of the regular bail application in strict compliance with the guidelines laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. CBI (2022 (10) SCC 51) and the observations in the same case reported at 2024 (9) SCC 198.

Key takeaways

The present anticipatory bail application stands disposed of with the aforesaid observation and direction.ratio¶¶16

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — DISPOSAL WITHOUT DECIDING MERITS — High Court of Jharkhand at Ranchi (Rajesh Shankar, J.), Order No.06 dated 21.11.2024 in A.B.A. No.3514 of 2024: Two applicants apprehending arrest in Complaint Case No.396 of 2022 (offences punishable under Sections 323/341/498A/504/506/34 IPC and Sections 3/4 Dowry Prohibition Act), pending before the learned Judicial Magistrate 1st Class, Gumla. Without expressing any view on the merits, the Court disposed of the anticipatory bail application, directing the applicants to appear before the concerned Trial Court within three weeks and seek regular bail; the Trial Court to dispose of that application in strict compliance with the guidelines laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Anr., 2022 (10) SCC 51, and the observations in the same case reported at 2024 (9) SCC 198.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3514 of 2024

Shambhu Gupta @ Shambhu Prasad Gupta, S/o Hari Prasad Sahu

Vikesh Kashyap @ Vickey Gupta @ Vickey Kashyap, S/o Shambhu Kashyap @ Shambhu Prasad Gupta Both are R/o Village-Mayapur, P.O. & P.S.-Ambikapur, District-Sarguja (Chattisgarh).

.......... Petitioners.

-Versus-

The State of Jharkhand

Anjali Kumari, W/o Rakesh Gupta, D/o Keshwar Prasad, R/o Village-Mayapur, P.O. & P.S.-Ambikapur, DistrictSarguja (Chattisgarh), at present R/o Village-Chatarpur, P.O. & P.S.-Raidih, District-Gumla.

.......... Opp. Parties.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioners : Md. Abdul Wahab, Advocate For the State : Mr. Mohua Palit, A.P.P. For the O.P. No.2 : Mr. Ritesh Kumar, Advocate ----- Order No.06 Date: 21.11.2024

The petitioners are apprehending their arrest in connection with Complaint Case No.396 of 2022 for the offences punishable under Sections 323/341/498A/504/506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act, pending in the Court of learned Judicial Magistrate 1^st Class, Gumla.

Having heard learned counsel for the parties and considering that it is a case under Sections 323/341/498A/504/506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act, without expressing any view on the merit of the present case, the petitioners are directed to appear and seek regular bail before the concerned Trial Court within three weeks, which shall be

disposed of by the said Court in strict compliance of the guidelines laid down by the Hon’ble Supreme Court in the case of “Satender Kumar Antil Vs. Central Bureau of Investigation & Anr.” reported in 2022 (10) SCC 51 as well as the observation made in the case of “Satender Kumar Antil Vs. Central Bureau of Investigation & Anr.” reported in 2024 (9) SCC 198.

The present anticipatory bail application is accordingly disposed of with the aforesaid observation and direction.

(Rajesh Shankar, J.)

Vikas/

-2-

A.B.A. No.3514 of 2024