Bombay High Court
ANUPAM VIJAY PAL GUPTAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that anticipatory bail should be granted to the applicant, subject to strict conditions, as he had cooperated with the investigation and no coercive steps were justified.
Summary
The applicant, Anupam Vijay Pal Gupta, filed an anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, in connection with a criminal case (CR No. 557 of 2023) involving offences under Sections 406, 419, 420, 467, 468, 471 and 34 of the Indian Penal Code. The court noted prior orders granting bail to co‑accused and an observation that accused Nos. 2 to 4 were absconding, but accepted the applicant’s report that he had cooperated with the police. Relying on the applicant’s cooperation and the lack of any coercive steps taken, the court decided to grant anticipatory bail subject to a set of conditions, including furnishing a bond, attending the police station on specified dates, and not tampering with evidence or influencing witnesses. The order also required the applicant to keep his contact details updated and prohibited him from leaving India without court permission. The anticipatory bail application was therefore disposed of in the applicant’s favour.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the Bhartiya Nagrik Suraksha Sanhita for the offences alleged.
- Whether the observation that co‑accused are absconding precludes the grant of anticipatory bail to the applicant.
- Whether the applicant’s cooperation with the investigation satisfies the requirements for anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Indian Penal Code, 1860 — s. 34, 406, 419, 420, 467, 468, 471
Subjects
- anticipatory bail
- Section 482
- cooperation with investigation
- bail conditions
- IPC offences
- absconding accused
- criminal procedure
Judgment
50 ABA-742-2026.DOC
skt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 742 OF 2026
Anupam Vijay Pal Gupta …Applicant
Vs.
State of Maharashtra …Respondent
None for the Applicant.
Mr.S.V. Walve, APP for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATE : 31st AUGUST, 2026
P. C.:
1. When this matter is called out in the morning session, none
was present for the Applicant. Therefore, the matter was kept back
in the afternoon session. In the afternoon session also, none
appears for the Applicant. With the assistance of Mr. Walve,
learned APP perused the papers.
2. By this application filed under Section 482 of Bhartiya
Nagrik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest
bail in connection with C.R. No. 557 of 2023 registered with
Nandgaon Police Station, Nashik Rural for the offences punishable
under Sections 406, 419, 420, 467, 468 and 471 read with 34 of
the Indian Penal Code, 1860.
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3. This Court has granted protection to the co-accused by order
dated 6th October, 2025 passed in the case of Parvez Mohammed
Murtaza Alam Vs. State of Maharashtra & Anr. in Anticipatory Bail
Application No. 839 of 2025.
4. In this application, this Court passed the following order on
17th August, 2026 :
“1. Mr. Khillare, learned Counsel appearing for the
Applicant i.e. Accused No.4 has relied on the Order
dated 6th October 2025 passed by this Court in
Anticipatory Bail Application No.839 of 2025, which is
concerning Accused No.8 as well as the Order dated
6th May 2024 passed by the learned JMFC,
Nandgaon, by which regular bail was granted to
Accused No.1. He also relies on the Order dated 3 rd
August 2024 passed by the learned JMFC, Nandgaon,
by which Accused No.2 was granted bail. He submits
that the Charge-sheet has been filed.
2. However, insofar as the Order dated 6 th May
2024 passed by the learned JMFC, Nandgaon below
Exhibit-18 in Bail Application in CR No.557 of 2023 is
concerned, there is an observation which records that
Accused Nos.2 to 4 are absconding.
3. In view of the said observation, Mr. Khillare,
learned Counsel for the Applicant, states that the
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Applicant will report to the Police Station on 24 th
August 2026 and 25th August 2026 between 11:00
am and 02:00 pm and co-operate with the
investigation.
4. Accordingly, stand over to 31st August 2026. To
be shown fairly ‘high on board’.
5. Till next date, no coercive steps be taken against
the Applicant.”
5. Mr. Walve, learned APP states that in view of above order,
the Applicant has reported to the police station and co-operated
with the investigation.
6. In the above circumstances, a case is made out for grant of
Anticipatory Bail by imposing certain conditions. Hence, following
order is passed:
ORDER
i. In the event of arrest, the Applicant-Anupam Vijay Pal Gupta
be released on bail in C.R. No.557 of 2023, registered with
Nandgaon Police Station, Nashik Rural, on executing P.R.
bond of Rs.1,00,000/- and furnishing one or two local
solvent sureties in the like amount.
ii. The Applicant shall attend the concerned Police Station on
7th September 2026 and 8th September 2026 between 11.00
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a.m. to 3.00 p.m. and thereafter as and when called by the
Investigating Officer.
iii. The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and shall
keep the same updated, in case of any change thereto.
iv. The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person acquainted
with the facts of the case so as to dissuade such a person
from disclosing the facts to the Court or to any Police
personnel.
v. The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the Complainant,
or any witness, in any manner.
vi. The Applicant shall not leave India without prior permission
of the Court.
7. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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