Arjun Lalji Gupta v. Union Of India

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4398 OF 2025 IN BAIL APPLICATION NO. 687 OF 2025 Arjun Lalji Gupta ...Applicant

Versus

Union Of India

...Respondent

Mr. Mithilesh Mishra, for the Applicant.

Mr. Saket R. Ketkar, SPP for the DRI-Respondent No. 1. Ms. Manisha Tidke, APP for the State-Respondent No.2.

CORAM

DR. NEELA GOKHALE, J.

DATED:

2ND DECEMBER 2025 PC:- 1.

The Applicant seeks Interim Bail for a period of 20 days to attend the marriage ceremony of his sister. According to Mr. Mithilesh Mishra, learned Counsel for the Applicant, the ceremonies commenced on 2nd December 2025 and shall proceed through 5th December 2025. The marriage is of his real sister and is to be solemnized in Azamgarh, Uttar Pradesh. He submits that the Applicant is the only brother and hence, he is required to attend the said wedding.

2.

Mr. Saket Ketkar, learned SPP, strongly objects to the release of the Applicant, even on Interim Bail. He submits that the Supreme Court, in another matter, has raised the issue regarding conduct of accused persons who abuse the liberty granted to them. He submits that even NBWs are issued in some matters, but the prosecution was unable to secure the attendance of Accused before the Trial Court. He also submits that the present Applicant has antecedents and hence, it is likely that the applicant may abscond and not surrender at the time, as may be directed by this Court. To this, Mr. Mishra submits that the matters for consideration before teh Supreme Court are totally unrelated and are not connected with the present case in any manner. He also submits that the antecedents as alleged by Mr. Ketkar are related to a case, in which two parcels were allegedly received in the Applicant's name and two separate FIRs were registered. In these circumstances, he submits that the Applicant is not a flight risk and he will surrender on the date his liberty will expire.

3.

I have heard learned Counsel appearing for the respective parties and perused the record with their assistance.

4.

The Applicant is in custody from 2nd July 2023, charges are not framed, his regular bail application is yet to be heard and he is the only brother of his sister, whose marriage is on 4th December 2025. Moreover, the nature of the prosecution's evidence is documentary in nature and the Applicant is not likely to tamper with the same in the short time of liberty granted to him. Since the date of marriage of his sister is not seriously disputed by the prosecution, it is necessary for the only brother to remain present at the time of the marriage. I am thus, inclined to grant Interim Bail to the Applicant for a period of 8 days only, from tomorrow i.e. 3rd December 2025 on the following conditions:

ORDER

i) The Applicant is directed to be released on Interim Bail from 3rd December 2025 to 9th December 2025 to attend the

marriage ceremonies of his sister on furnishing cash surety of Rs.35,000/-.

ii) The Applicant shall attend the Tarwa Police Station, Azamgarh, Uttar Pradesh everyday at a time convenient to him and mark his attendance, except 4th December 2025 as it is the date of wedding of his sister. He shall surrender to the Jail Authorities of the Arthur Road Jail on 9th December 2025 at 5:00 p.m., without fail.

iii) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

iv) The Applicant shall inform his place of residence in Uttar Pradesh and mobile contact number immediately after his release to the Investigating Officer of the Police Station concerned. He shall also share his travel arrangements including the mode of transport, the name and time of the

train or bus or airplane that he intends to take, his seat no and any other detail as required by the Investigating officer; v) The Applicant to co-operate with the conduct of the trial;

vi) Any infraction of the aforesaid conditions shall entail cancellation of interim bail.

5.

The Interim Bail application is partly allowed and disposed of.

6.

All parties to act on an authenticated copy of this order. (Dr. Neela Gokhale, J)