GOPAL PODDERversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 4326 of 2026

Gopal Podder
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)                          :    Anuj Bajpai
Counsel for Opposite Party(s)                     :    G.A.

Court No. - 71
                    HON'BLE AVNISH SAXENA, J.

1. Heard Sri Anuj Bajpai, learned counsel for the accused-applicant,
learned AGA for State and perused the record.

2. The instant anticipatory bail application has been filed by applicant to
grant anticipatory bail in Case Crime No. 01094 of 2013, under Sections
406, 409, 420, 467, 468, 120-B, 471 IPC, P.S.- Sadar Bazar, District-
Shahjahanpur.

3. It is contended by learned counsel for accused-applicant that the
informant has lodged the F.I.R. on 30.12.2013 against the two persons,
namely, Amit Kumar and Pramod Kumar Gupta with the allegation that
he had made certain investments in Ramela Industries Limited. It came to
the knowledge of the informant that the accused-applicant is running the
business and misappropriated the entire funds. A writ petition is pending
in West Bengal High Court, wherein one Judge Inquiry Committee has
been constituted along with the officials of SEBI. The entire property of
the accused-applicant is confiscated and handed over to the SEBI. The
investigation is continuing. The accused-applicant wants to cooperate in
the investigation, but apprehending arrest and hence, seeks anticipatory
bail.

4. Per contra, learned A.G.A. has opposed the prayer for bail of the
applicant.

5. The scope of ambit of anticipatory bail is encapsulated in three
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insightful judgments of Hon’ble Supreme Court right from Gurubaksh
Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565,
Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in
(2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of
Delhi) and another reported in (2020) 5 SCC 1, wherein it is
consistently held by Hon’ble Apex Court that while granting anticipatory
bail, the Court should considering the application of the applicant to
evaluate the threat or apprehension of arrest vis-a-vis the nature and
gravity of accusation, criminal antecedent of the accused, false or
exaggerated implication, need of custodial interrogation, willingness of
the accused to cooperate in investigation and trial and the conduct of the
accused and flight risk.

6. This Court while considering the investigation is continuing since the
year 2013 and the entire property has been seized under the Inquiry
Committee and further considering the gravity of accusation and
apprehension of arrest in the case vis-a-vis low flight risk and assurance
of the accused in cooperating with the investigation and trial, is of
considered view to grant anticipatory bail.

7. The applicant- Gopal Podder involved in the aforesaid case crime
shall appear before the trial court or the Investigating Officer, as the case
may be within 30 days from the date of this order and shall be released on
bail on furnishing a personal bond of Rs. 25,000/- with two sureties each
in the like amount to the satisfaction of the court concerned with
following conditions :-

(i) 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 him from disclosing such facts to the court or to any police
officer or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.

(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of BNSS.
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(iv) The applicant shall file an undertaking to the effect that he/she shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.

8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.

10. The below mentioned directions shall be complied with for
expeditious disposal of trial; in case charge sheet is submitted against
accused/applicant.

10.1 As the investigation is continuing, in the event charge sheet is
submitted and cognizance is taken, it would be the duty of the
accused/applicant to appear before the trial court or Magistrate concerned
as the case may be without waiting for the issuance of summons, within
60 days from the date of cognizance or on the date fixed, which ever is
earlier. So that the trial may not be delayed for non execution of summons
or processes.

10.2 The District Judge concerned shall direct each Magistrate and
Special courts to maintain a register of Anticipatory Bail orders granted
by this Court, wherein the details of Anticipatory Bail shall be entered.
The dedicated official shall be nominated in each Special court and
Magistrate court for maintaining the register.

10.3 The accused/applicant shall provide a copy of the final order of
anticipatory bail within 30 days, to the official concerned in whose
jurisdiction the case lies and shall provide his complete contact details
including the mobile number and E-mail ID (if maintained); any change
in detail shall be informed by the applicant.
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                                    10.4 On the submission of charge sheet and cognizance taken, the
                                    Presiding Officer shall fetch the details of the accused/applicant and the
                                    dedicated official shall inform the accused at the given detail.


                                                                                          (Avnish Saxena,J.)
                                    May 6, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad