Mukul Gotewala Alias Mukul Mohan ... vs State Of U.P. And Another
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Allahabad High Court

Mukul Gotewala Alias Mukul Mohan ... vs State Of U.P. And Another on 16 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:96784
 
Court No. - 67
 
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4143 of 2025
 
Applicant :- Mukul Gotewala Alias Mukul Mohan Agarwal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ronak Chaturvedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.
 

1. Heard learned counsel for the applicant, Sri Rakesh Kr. Mishra, learned AGA for the State and perused the record.

2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 249 of 2025, under Sections 112, 318(4), 338, 336(3), 340(2) BNS, Section 3/4 Public Gambling Act, Sections 3/25/30 Arms Act and Section 66 I.T. Act, Police Station- Civil Lines, District- Moradabad.

3. Contention of counsel for the applicant is that the applicant was not arrested on spot and merely on the basis of statements of co-accused who were arrested on spot, the applicant was falsely implicated, showing his complicity in the crime in question. The applicant has no criminal history.

4. Learned A.G.A. has opposed the prayer for anticipatory bail.

5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations as well as gravity of offence, the applicant is entitled to get anticipatory bail till submission of charge sheet as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

6. In the event of arrest, the applicantMukul Gotewala Alias Mukul Mohan Agarwal, involved in the aforesaid crime, shall be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

(i) The applicant shall make himself available for interrogation by a police officer as and when required;

(ii) 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 to any police officer;

(iii) The applicant shall not leave India without the previous permission of the Court;

(iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation.

(v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail.

8. With the aforesaid observations/directions, the application stands disposed of.

Order Date :- 16.6.2025

Vandana