ARUN KUMAR GUPTA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/8991/2025 · 2026-09-27
Vivek Kumar Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10193 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10193 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8991 of 2025 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50,000/- and 5,77,000/- respectively were issued by the applicants in favour of informant and the said money has been withdrawn by the informant from his account and except this there is no money transaction between the two.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 Versus Counsel for Applicant(s) : Suraj Kumar Singh Counsel for Opposite Party(s) : G.A. Arun Kumar Gupta And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 2
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 NABAIL No. 8991 of 2025 3
Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad