Reshu Gupta vs State Of U.P And Another
2021 Latest Caselaw 4521 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1269 of 2021
 

 
Applicant :- Reshu Gupta
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Sujeet Kumar,Chhaya Gupta
 
Counsel for Opposite Party :- G.A.,Vatsala
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant, learned AGA for the State and Sri Ravi Kant, Advocate holding brief of Smt. Vatsala, learned counsel for the opposite party no.2.

Sri Ravi Kant, Advocate holding brief of Smt. Vatsala, learned counsel for the opposite party no.2 has raised preliminary objection. He submitted that in the present case, proceedings under Section 82 Cr.P.C. has already been initiated against the applicant by Chief Judicial Magistrate, Gautam Budh Nagar vide order dated 16.9.2020, therefore, applicant is not entitled for anticipatory bail. In support of his contention, he has placed reliance upon the judgment of Apex Court in the matter of State of Madhya Pradesh Vs. Pradeep Sharma reported in (2014) 2 SCC 171.

Learned counsel for the applicant could not dispute this fact about the initiation of proceedings under Section 82 Cr.P.C.

Under such facts and circumstances, it is not a fit case for grant of anticipatory bail.

The Anticipatory Bail Application is rejected.

However, the applicant is granted one month's time to surrender and obtain bail from the Competent Court from today. During this period she will not be arrested.

Order Date :- 23.3.2021

Junaid