CORRECTED
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP(Crl.) No. 3231 of 2023)
BHOLA GUPTA APPELLANT
VERSUS
STATE OF UTTAR PRADESH RESPONDENT
O R D E R
Leave granted.
Having considered the fact that the appellant Bhola Gupta has already suffered actual incarceration for about twelve years, and about fourteen years including the period of remission, we are inclined to accept the present appeal. Accordingly, it is directed that the appellant Bhola Gupta will be released on bail during the pendency of Criminal Appeal no. 3930/2011 before the High Court

in chargesheet arising out of Crime no. 208/1999 registered with Police Station G.R.P., District Mau, Uttar Pradesh, in which he has been convicted for the offence(s) punishable under Sections 304B and 201 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, on terms and conditions to be fixed by the trial Court.

The High Court will be entitled to cancel the bail in case the appellant Bhola Gupta remains unrepresented when the appeal is taken up for regular hearing.

Recording the aforesaid, the impugned judgment is set aside and the appeal is allowed.
We clarify that we have not expressed any opinion on the merits of the case.

Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
( DIPANKAR DATTA )
NEW DELHI;
JANUARY 02, 2024.
Crl.A. @ SLP(Crl.) No. 3231/2023 2

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023
(arising out of SLP(Crl.) No. 3231 of 2023)
BHOLA GUPTA APPELLANT
VERSUS
STATE OF UTTAR PRADESH RESPONDENT
O R D E R
Leave granted.
Having considered the fact that the appellant Bhola Gupta has already suffered actual incarceration for about twelve years, and about fourteen years including the period of remission, we are inclined to accept the present appeal. Accordingly, it is directed that the appellant Bhola Gupta will be released on bail during the pendency of Criminal Appeal no. 3930/2011 before the High Court

in chargesheet arising out of Crime no. 208/1999 registered with Police Station G.R.P., District Mau, Uttar Pradesh, in which he has been convicted for the offence(s) punishable under Sections 304B and 201 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, on terms and conditions to be fixed by the trial Court.

The High Court will be entitled to cancel the bail in case the appellant Bhola Gupta remains unrepresented when the appeal is taken up for regular hearing.

Recording the aforesaid, the impugned judgment is set aside and the appeal is allowed.
We clarify that we have not expressed any opinion on the merits of the case.
Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
( DIPANKAR DATTA )
NEW DELHI;
JANUARY 02, 2024.
Crl.A. @ SLP(Crl.) No. 3231/2023 4

ITEM NO.48 COURT NO.2 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 3231/2023
(Arising out of impugned final judgment and order dated 21-11-2022
in CRLMTBA No. 13/2022 passed by the High Court of Judicature at
Allahabad)
BHOLA GUPTA Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH Respondent(s)
(IA No. 189225/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No. 189226/2022 – EXEMPTION FROM FILING O.T.)

Date : 02-01-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s)
Mr. Nagendra Singh, Adv.
Ms. Akansha, Adv.
Mr. Naman Raj Singh, Adv.
Mr. Praphul Kumar Vohra, Adv.
Mr. Mukesh Kumar, Adv.
Dr. Amardeep Gaur, Adv.
Mr. Vishvajeet Vijaykumar Shinde, Adv.
M/s. V. Maheshwari & Co., AOR
For Respondent(s)
Ms. Srishti Singh, AOR
Ms. Shweta Yadav, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
In terms of the signed order , it is directed that the appellant Bhola Gupta will be released on bail during the pendency of Criminal Appeal no. 3930/2011 before the High Court in chargesheet arising out of Crime no. 208/1999 registered with Police Station G.R.P., District Mau, Uttar Pradesh, in which he has been convicted for the offence(s) punishable under Sections 304B and 201 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, on terms and conditions to be fixed by the trial Court.

The High Court will be entitled to cancel the bail in case the appellant Bhola Gupta remains unrepresented when the appeal is taken up for regular hearing.
The impugned judgment is set aside and the appeal is allowed
in terms of the signed order.
It is clarified that no opinion on the merits of the case has been expressed.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)