Allahabad High Court
CHANDRA PRAKASH GUPTAversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court granted bail to the accused, holding that the existence of mediation, submission of charge sheet, and lack of prior criminal history warranted release on bail.
Summary
Chandra Prakash Gupta was arrested in connection with an FIR dated 18‑06‑2026 alleging dowry demands, matrimonial atrocities and assault leading to a miscarriage, filed by his wife. The applicant contended that the FIR was false, filed after a three‑month delay, and that a doctor’s report showed no injury. He had deposited Rs. 35,000 as a mediation amount in a related writ petition and the charge sheet had already been filed. The State opposed bail, but the court noted that the matter was referred to mediation, the charge sheet was submitted, and the applicant had no prior criminal record. Relying on Supreme Court observations in Girish Gandhi v. State of U.P. and Policy Strategy for grant of bail, the court granted bail on personal bond and sureties, without addressing the merits of the case.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial in a matrimonial dowry‑related case referred to mediation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 180
- Indian Penal Code — s. 115(2), 351(2), 352, 85, 89
Subjects
- bail
- dowry harassment
- matrimonial dispute
- mediation
- Criminal Procedure Code
- Indian Penal Code
- miscarriage
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28946 of 2026
Chandra Prakash Gupta
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajeet Kumar Srivastava, Akshansh
Counsel for Opposite Party(s) : Mukesh Kumar Pandey, G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Ajeet Kumar Srivastava, learned counsel for the applicant appears
and hands up the deposit receipt of Rs. 35,000/- as mediation amount as
directed by the Writ Court. The receipt is taken on record.
1A. Heard Sri Srivastava, learned counsel for accused applicant, Sri
Mukesh Kumar Pandey, learned counsel for the informant and learned
A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Chandra Prakash Gupta to enlarge him on bail in Case Crime No. 337
of 2026, under Sections 85, 115(2), 352, 351(2),89 BNS, P.S.- Kowali
Padrauna, District- Kushninagar, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been implicated in the FIR dated 18.06.2026 lodged by the
wife of the applicant against the applicant and his family members with
the allegation that the accused/applicant and victim/informant have
entered into marriage on 04.12.2025 and soon thereafter there was
consistent demand of dowry and matrimonial atrocities. It is also alleged
in the FIR that on 23.03.2026, the accused/applicant has assaulted the
injured/informant in her stomach, which led to the miscarriage. It is
contended by learned counsel that the accused/applicant has been falsely
implicated and there is nearly delay of three months in lodging of the
FIR. The statement of doctor, who was treating the injured specify in her
statement under Section 180 BNSS that there was no apparent injury on
BAIL No. 28946 of 2026
2
the person of injured but she has reported miscarriage. It is the contention
of learned counsel that the mediation is referred in Crl. Misc. Writ
Petition No. 18082 of 2026 ( Chandra Prakash Gupta and 4 others Vs.
State of U.P. and 2 others), wherein accused/applicant has deposited the
amount stated. He wants to appear before the mediation. He has no
criminal history. The charge sheet is submitted. The accused applicant is
languishing in jail since 23.07.2026. He seeks enlargement of accused on
bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering that the matrimonial case is referred for mediation and the
charge sheet is submitted, the accused/applicant is entitled to be released
on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 8, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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