Allahabad High Court
ANAND GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The court granted bail to Anand Gupta subject to conditions.
Summary
Anand Gupta filed a bail application (Criminal Misc. Bail Application No. 30552 of 2025) after being detained since 19 July 2025 in connection with Crime No. 268 of 2025, which alleges offences under Sections 74, 351(2), 70(2) of the B.N.S., Sections 5G/6 of the POCSO Act and Section 67 of the Income Tax Act. The applicant's counsel, Yakub Ali, argued that the accused is innocent, citing a victim's statement that does not support the prosecution and asserting that the allegations are false. The State, represented by G.A., opposed bail, contending that the applicant's innocence cannot be determined at this stage. The High Court, after considering the submissions, the nature of evidence and the circumstances, held that the applicant had made out a case for bail without expressing an opinion on the merits. Consequently, the court granted bail subject to a personal bond, two sureties and several conditions, including non‑tampering with evidence and non‑intimidation of witnesses. The order also empowered the trial court to cancel bail upon breach of any condition.
Issues considered
- Whether the applicant Anand Gupta is entitled to bail pending trial for the offences alleged under the B.N.S., POCSO Act and Income Tax Act
- Whether the applicant's claim of innocence and the victim's statement justify the grant of bail
Legislation cited
- B.N.S. — s. 351(2), 70(2), 74
- Income Tax Act — s. 67
- Protection of Children from Sexual Offences (POCSO) Act — s. 5G, 6
Subjects
- bail
- criminal procedure
- presumption of innocence
- POCSO Act
- Income Tax Act
- conditions of bail
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30552 of 2025
Anand Gupta
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Yakub Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. List revised. Office vide its report dated 19.03.2026 has reported that
notice issued to the first informant of the case has been served, whereas
notice upon the Child Welfare Committee, Khushinagar has been served,
inspite of service of notice, none appears either for the informant or Child
Welfare Committee as well as for the High Court Legal Services.
2. Heard learned counsel for the applicant,learned A.G.A for the State and
perused the record.
3. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the present case.
Learned counsel further submits that by the efflux of time, trial began and
during the trial, the statement of P.W. 2-victim was recorded and she has
not supported the prosecution version, copy of which statement is
annexed as Annexure-SA1 to the supplementary affidavit, which has been
filed today in the Court and is taken on record. He thus submits that no
offence against the applicant is made out. Several other submissions in
order to demonstrate the falsity of the allegations made against the
applicant have also been placed before the Court. The circumstances
which, according to the counsel, led to the false implication of the
accused have also been mentioned. It has also been assured on behalf of
the applicant that he is ready to cooperate with the process of law and
shall faithfully make himself available before the court whenever required
and is also ready to accept all the conditions which the Court may deem
fit to impose upon him. He next submits that applicant is languishing in
jail since 19.07.2025.
BAIL No. 30552 of 2025
2
4. Per contra, learned A.G.A. opposed the prayer for bail of the applicant
by contending that the innocence of the applicant cannot be adjudged at
this stage, therefore, he does not deserve any indulgence.
5. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties, nature of evidence, and all attending
facts and circumstances of the case, without expressing any opinion on
merits of the case, this Court is of the view that the applicant has made
out a case for bail. Hence the bail application is allowed.
6. Let applicant Anand Gupta involved in Case Crime No.268 of 2025
under Sections 74, 351(2), 70(2) of B.N.S., Section 5G/6 of POCSO Act
and Section 67 of I.T.Act, Police Station Tamkuhiraj, District
Kushinagar, be released on bail on furnishing a personal bond and two
heavy local sureties each of the like amount to the satisfaction of the court
concerned subject to the following conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed,
unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of
which he is an accused, or suspected, of the commission of he is
suspected.
E. 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 them from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
7. In case of breach of any of the above condition, the trial Court shall be
at liberty to cancel the bail of the applicant in accordance with law.
(Dr. Gautam Chowdhary,J.)
March 19, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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