Allahabad High Court
VINOD KUMAR GUPTAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that bail should be granted to the accused subject to strict conditions.
Summary
The High Court of Allahabad considered a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Vinod Kumar Gupta, who was in custody for offences under IPC sections 419, 420, 467, 468, 471, 504, 120‑B and 506 relating to a fraudulent job‑placement scheme. The applicant claimed innocence, arguing he was falsely implicated and had no financial benefit, and relied on a precedent (Deepak Kumar Shrivas v. State of Chhattisgarh, 2024 INSC 117) that highlighted the unlawful nature of the alleged contract. The prosecution opposed bail, citing the seriousness of the charges and potential witness tampering. The court examined the nature of the accusations, the severity of possible punishment, the lack of criminal antecedents, and the absence of a need for further custodial interrogation. Finding a prima facie case for bail and no substantial risk of flight or evidence tampering, the court granted bail with conditions. The applicant was released on personal bond and two sureties, subject to conditions against tampering, intimidation, further criminal activity, and mandatory court appearances.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the seriousness of the IPC offences
- Whether the accused poses a risk of fleeing, tampering with evidence, or intimidating witnesses
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 120-B, 419, 420, 467, 468, 471, 504, 506
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- witness tampering
- sureties
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11972 of 2026
Vinod Kumar Gupta
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhupendra Kumar Srivastava, Kalp
Dev Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Bhupendra Kumar Srivastava, learned counsel for the
applicant, Shri Ramendra Pal Singh, learned AGA for the State-
respondents and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Vinod
Kumar Gupta , seeking enlargement on bail in Case Crime No. 38 of
2025, under Sections 419, 420, 467, 468, 471, 504, 120-B, 506 IPC,
Police Station Rewtipur, District Ghazipur, during the pendency of the
trial before the Court below.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number
and is languishing in jail since 4.4.2025. Learned counsel for the applicant
submits that as per prosecution case, allegation against the applicant along
with other co-accused person duped the first informant for securing his
job in a government department. Applicant is not beneficiary of the
money in any manner. Much emphasis has been drawn by learned counsel
for the applicant to the Para 13 of decision of the Apex Court rendered in
case of Deepak Kumar Shrivas and another versus State of Chattisgarh
and others, reported in 2024 INSC 117, which is as under:-
"13. A reading of the entire material on record clearly reflects that it was
totally an unlawful contract between the parties where money was being
BAIL No. 11972 of 2026
2
paid for securing a job in the government department(s) or private sector.
Apparently, a suit for recovery could not have been filed for the said
purpose and even if it could be filed, it could be difficult to establish the
same where the payment was entirely in cash. Therefore, the respondent
no.6 found out a better medium to recover the said amount by building
pressure on the appellant and his brother by lodging the FIR. Under the
threat of criminal prosecution, may be the appellant would have tried to
sort out and settle the dispute by shelving out some money."
Charge sheet in this case has already been filed on 8.6.2025 and
cognizance thereon has been taken on 20.6.2025. Further custodial
interrogation of the applicant is no more required. Applicant has no
criminal antecedent and there is no likelihood of his fleeing from course
of justice or tampering with evidence in case of release on bail. Hence,
bail has been prayed for.
Learned AGA has vehemently opposed the prayer for bail.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of
supporting evidence, reasonable apprehension of tampering with the
witness and prima facie, but without commenting on merit of case, a case
for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Vinod Kumar Gupta , involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
BAIL No. 11972 of 2026
3
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
May 7, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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