Allahabad High Court

ARUN KUMAR GUPTA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 27 September 2026
Bench: VIVEK KUMAR SINGH

Holding

The Court held that the interim anticipatory bail granted on 30 January 2026 is hereby made absolute and will remain in force till the conclusion of the trial subject to the same conditions.

Summary

Arun Kumar Gupta and Anil Kumar Gupta were charged under Sections 419, 420, 504 and 506 IPC in Crime No. 181 of 2019. They filed an anticipatory bail application under Section 482 of the CrPC, claiming innocence and lack of credible evidence. The High Court initially granted them interim anticipatory bail on 30 January 2026 with specific conditions. After the investigation was completed, the charge‑sheet filed and the applicants regularly appearing before the trial court, the Court found no need for custodial interrogation. Consequently, the Court converted the interim bail into absolute anticipatory bail, retaining the same conditions. The order also permitted the prosecution to move for cancellation if any condition is breached.

Issues considered

Whether the interim anticipatory bail granted under Section 482 CrPC should be made absolute after the charge‑sheet is filed.
Whether the applicants' regular appearance before the trial court negates the necessity of custodial interrogation.
Whether the conditions imposed on anticipatory bail are sufficient to prevent misuse.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 419, 420, 504, 506

Subjects

anticipatory bail
Section 482 CrPC
Indian Penal Code
criminal procedure
charge sheet
bail conditions
custodial interrogation

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8991 of 2025

Arun Kumar Gupta And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)

Counsel for Applicant(s) : Suraj Kumar Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.

1. Second supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the applicants, learned A.G.A. for the State and
perused the record.

3. The applicants- Arun Kumar Gupta and Anil Kumar Gupta were granted
interim anticipatory bail in the present case by this Court vide order dated
30.01.2026. The said order is quoted herein below:

"1. This application has been moved on behalf of the applicants - Arun
Kumar Gupta and Anil Kumar Gupta seeking anticipatory bail in Case
Crime No. 181 of 2019, under Sections 419, 420, 504, 506 IPC, P.S.
Kotwali, District Varanasi.

2. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the record.

3. It has been submitted by the learned counsel for the applicants that
applicants are innocent and they have apprehension of arrest in the
above-mentioned case, whereas there is no credible evidence against
them. Allegations levelled against the applicants are false. It is also
submitted that payment in this matter was made to the applicants by the
informant by way of cheques and a CDR has also been collected by the
I.O. in respect of the aforesaid money transaction between the applicants
and the informant during investigation. It is also submitted that two
cheques amounting to Rs. 50,000/- and 5,77,000/- respectively were
issued by the applicants in favour of informant and the said money has
been withdrawn by the informant from his account and except this there is
no money transaction between the two. It is further submitted that the
applicants were protected during investigation and now charge sheet has
NABAIL No. 8991 of 2025
2

been submitted in the matter. It is also submitted that the investigation of
the case has been completed and now charge-sheet has been filed.
Alleged offences are punishable with the imprisonment for a maximum
period of seven years. It has been submitted that in case applicants are
granted anticipatory bail, they will not misuse the liberty of bail and
ready and willing to co-operate in the proceedings of the Court and to
obey all conditions of bail.

4. Learned A.G.A. opposed the prayer for anticipatory bail.

5. Matter requires consideration.

6. As requested, learned AGA is allowed two weeks' time to file counter
affidavit. Rejoinder affidavit, if any, may be filed by the next of listing.

7. As an interim measure, till the next date of listing, the applicants are
granted interim anticipatory bail in the aforesaid case crime number. In
the event of arrest of the applicants, they shall be released on anticipatory
bail on their furnishing a personal bond of Rs.50,000/- with two sureties
each in the like amount to the satisfaction of the Court concerned with the
following conditions:-

(i) The applicants shall make themselves available before the Court
concerned on the date fixed in the matter.

(ii) The applicants 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/her from disclosing such facts to the Court or to any
police office.

(iii) The applicants shall not leave India without the previous permission
of the Court and if they have passport, the same shall be deposited by
them before the S.S.P./S.P. Concerned.

8. In case of default of any of the conditions, it will be a ground for
cancellation of interim protection granted to the applicants.

9. List this case on 26.2.2026 before the appropriate Bench."

4. Earlier interim anticipatory bail was granted to the applicants vide order
dated 30.01.2026 and in pursuance of aforesaid order, the applicants are
regularly appearing before the learned trial court which is clear from perusal
of order sheet appended in the second supplementary affidavit 18.09.2026.
The investigation is complete in this matter and chargesheet has been
submitted. The applicants are regularly appearing before the learned trial
court, therefore, there is no requirement of custodial interrogation of the
NABAIL No. 8991 of 2025
3

applicants.

5. In view of above, the interim anticipatory bail granted to the applicants
vide order dated 30.01.2026 is hereby made absolute. The applicants will
remain on anticipatory bail till conclusion of trial on the same terms and
conditions as given in the order dated 30.01.2026 passed by this Court.

6. The anticipatory bail application stands allowed.

7. In default or misuse of any of the conditions mentioned in the order dated
30.01.2026, the Public Prosecutor/ Investigating Officer/ first informant-
complainant would be at liberty to file appropriate application for
cancellation of anticipatory bail granted to the applicants, before the
concerned court.

(Vivek Kumar Singh,J.)

September 28, 2026
Radhika

Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad

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