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High Court of DelhiBAIL APPLN./1260/2024

Sumit Kr Gupta v. State

2025-12-09Hon'Ble Mr. Justice Sanjeev Narula3 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1260/2024 & CRL.M.As. 10981/2024, 14886/2025 SUMIT KR GUPTA .....Petitioner Through:

Ms. Poonam Sharma, Advocate.

versus STATE .....Respondent Through:

Mr. Amit Ahlawat, APP.

SI Jeet Ram, P.S. Bindapur.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 09.12.2025 1.

The Applicant, who is the husband of the Complainant, has been implicated in FIR No. 1125/2020 dated 21st November, 2020, registered at P.S. Binda Pur under Sections 498A, 406 and 34 of the Indian Penal Code, 18601.

2.

The FIR was registered on the complaint of Ms. Minakshi Agnihotri alleging that the Applicant, along with his family members, subjected her to cruelty and made unlawful demands for dowry. During investigation, a notice under Section 91 CrPC was issued to the complainant for production of relevant articles and documents, and notices under Section 41A CrPC were served upon all accused persons. While the co-accused secured anticipatory bail or interim protection and joined investigation, the Applicant did not appear despite service of notice. Owing to the Applicant's continued non-compliance, Non-Bailable Warrants were issued against him, which remained unexecuted, resulting in initiation of proceedings under BAIL APPLN. 1260/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Section 82 CrPC.

3.

The Applicant, apprehending arrest, has filed the present application under Section 438 of the Code of Criminal Procedure, 19732 seeking prearrest bail in connection with the aforesaid FIR. 4.

The application was first heard on 10th April, 2024, when notice was issued and a Status Report was called for. Subsequently, on 28th August, 2024, interim protection was granted to the Applicant. He joined investigation, and the interim protection was extended from time to time. 5.

During pendency of the proceedings, at the request of counsel for the Applicant as well as for the Complainant, the parties were referred to the Delhi High Court Mediation and Conciliation Centre, and the matter was adjourned from time to time. However, the mediation ultimately did not fructify.

6.

In the meantime, the investigation has been completed and the chargesheet has been filed on 30th August, 2025. In view of this development, the Applicant's participation in the investigation and the nature of allegations and offences involved, this Court is of the opinion that custodial interrogation of the Applicant is not required. 7.

Accordingly, the application is allowed. In the event of arrest, the Applicant shall be released on bail on furnishing a bail bond in the sum of INR 25,000/- with one surety of the like amount to the satisfaction of the concerned SHO, subject to the following conditions: a.

The Applicant shall join and cooperate with the investigation as and when directed by the IO;

1 "IPC"

2 "CrPC"

BAIL APPLN. 1260/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

b.

The Applicant shall not leave the boundaries of the country without informing the IO/ SHO concerned;

c.

The Applicant shall not contact the witnesses or tamper with the evidence in any manner;

d.

The Applicant shall give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times. 8.

In the event of there being any FIR/DD entry/complaint lodged against the Applicant, it would be open to the State to seek redressal by filing an application seeking cancellation of bail. 9.

It is clarified that any observations made in the present order are for the purpose of deciding the present bail application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case.

10.

The application is allowed and disposed of in the afore-mentioned terms, along with the pending applications.

SANJEEV NARULA, J DECEMBER 9, 2025 as BAIL APPLN. 1260/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.