AKHIL GUPTA AND ORS vs STATE OF UTTARAKHAND

UKHC010180452026

2026:UHC:9463
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

C528/2189/2026


Akhil Gupta And Ors
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.

Mr. Nagesh Aggarwal and Mr.
Kailash Chandra, learned counsel for
the applicants.
2. Mr. Akshay Latwal, learned A.G.A.
for the State.
3. Present C-528 application has
been to quash the chargesheet/final
report dated 20.03.2025,
summoning/cognizance order dated
20.09.2025 passed by learned Addl.
Chief Judicial Magistrate, Vikasnagar,
District Dehradun in Criminal Case
No.741 of 2025 under Section 323,
498-A, 504 I.P.C. as well as the entire
proceedings of the aforesaid criminal
case.
4. Learned counsel for the applicants
would submit that applicant no. 1 is
the husband of respondent no. 3,
whereas applicant nos. 2 and 3 are the
father-in-law and mother-in-law of
respondent no. 3, respectively. He

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would further submit that the marriage
between applicant no. 1 and
respondent no. 3 was solemnized on
19.10.2021 in accordance with Hindu
rites and rituals, and one male child
was born out of the said wedlock in the
year 2022. He would contend that,
owing to certain matrimonial discord
between the parties, respondent no. 3
lodged the impugned F.I.R. against the
applicants; that, upon completion of
the investigation, the Investigating
Officer submitted a charge-sheet,
whereupon the learned trial court took
cognizance of the offence vide order
dated 20.09.2025; that, thereafter,
bailable warrants were issued against
the applicants, followed by the issuance
of non-bailable warrants vide order
dated 04.08.2026.
5. After arguing the matter at length,
learned counsel for the applicants, on
instructions, would submit that the
applicants are ready and willing to
surrender before the court concerned
and seek bail in accordance with law.
However, he would pray that the
applicants may be granted some
reasonable time to appear before the
court concerned and that the learned
trial court be directed to consider and
decide their bail applications
expeditiously. He would further pray
that, in the meantime, the non-bailable
warrants issued against the applicants

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2026:UHC:9463
be kept in abeyance.
6. Learned State counsel does not
oppose the prayer so made on behalf of
the applicants.
7. Having considered the
submissions advanced by learned
counsel for the parties, particularly the
undertaking furnished on behalf of the
applicants that they shall appear and
surrender before the court concerned
within the stipulated period, this Court
deems it appropriate to dispose of the
present application with the following
directions:
(i) The applicants shall appear
before the learned court concerned
on or before 31.10.2026 and
surrender in accordance with law.
(ii) Upon their appearance, the
applicants shall be at liberty to move
appropriate bail applications before
the learned court concerned. In the
event such applications are filed, the
learned court concerned shall
consider and decide the same
expeditiously, in accordance with
law, on their own merits and without
being influenced by any observation
made in the present order.
(iii) The non-bailable warrants dated
04.08.2026 issued against the
applicants shall remain in abeyance
until 31.10.2026, subject to the
applicants complying with the
directions contained in this order.
8. It is made clear that, in the event
the applicants fail to appear before the

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learned court concerned on or before
the date stipulated hereinabove, the
protection granted by this order shall
cease to operate, and the learned court
concerned shall be at liberty to proceed
against them in accordance with law.
9. It is further clarified that this
order shall not be construed as an
expression of opinion on the merits of
the case or as a direction to grant bail
to the applicants. The bail applications,
if filed, shall be considered
independently and in accordance with
law.
10. Accordingly, the C-528 application
stands disposed of in the above terms.
11. Pending applications, if any, also
stand disposed of accordingly.


(Alok Mahra, J.)
15.10.2026
Mamta
MA
MTA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f
244f3e584af1449e430ef900
bf09a6d67ebbd642671329b
, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1
d9cabfd54852c9e68911ca8b
66dd26690a191648ab5d8d
d004ef0, cn=MAMTA RANI
Date: 2026.10.16 16:44:20
+05'30'