Allowed¶24

Girish Kumar Gupta v. State of U.P. and Another

Allahabad HC17 Sept 2025NABAIL/1460/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Sameer Jain, J., 18.09.2025; Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 1460 of 2025, Girish Kumar Gupta v. State of U.P. and Another; anticipatory bail; misappropriation of student scholarship amount; school Manager; Case Crime No. 45 of 2019; Sections 409, 420, 467, 468, 471, 120B IPC; Section 8 P.C. Act; P.S. E.O.W. Sector Meerut, District Meerut; no charge-sheet filed; interim anticipatory bail dated 06.03.2025 confirmed till conclusion of trial; no criminal history; Shiv Prakash Gupta for applicant; Vijay Bahadur Maurya, learned AGA for State.

What did the court decide?

Interim anticipatory bail dated 06.03.2025 confirmed; applicant to remain on anticipatory bail till conclusion of trial on the same conditions imposed vide order dated 06.03.2025. ¶24

Girish Kumar Gupta Vs State of U.P. and Another — Corruption | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail dated 06.03.2025 confirmed; applicant to remain on anticipatory bail till conclusion of trial on the same conditions imposed vide order dated 06.03.2025.

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Issue for consideration

Whether the applicant Girish Kumar Gupta, named in F.I.R./Case Crime No. 45 of 2019 under Sections 409, 420, 467, 468, 471, 120B IPC and Section 8 P.C. Act, is entitled to be enlarged on anticipatory bail during trial.

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Court's answer

Although the applicant, as Manager of an educational institution, is alleged to have misappropriated the scholarship amount of students along with others, the FIR was noted as lodged in the year 2018 and no charge-sheet had been filed till date.

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Ratio / Principle

The applicant approached this Court in 2025 when the Investigating Officer attempted his arrest; he was released on interim anticipatory bail vide order dated 06.03.2025 and there is no allegation that he misused that liberty.

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Key takeaways

The interim anticipatory bail granted vide order dated 06.03.2025 is confirmed; the applicant shall remain on anticipatory bail till conclusion of trial on the same conditions imposed vide order dated 06.03.2025.ratio¶23
The anticipatory bail application is allowed without expressing any opinion on the merits of the case.ratio¶24
Observations made while granting anticipatory bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Detailed headnote1 paragraphs

Anticipatory bail - S. 482 BNSS - applicant, Manager of a school, alleged along with others to have misappropriated the scholarship amount of students - F.I.R./Case Crime No. 45 of 2019 under Sections 409, 420, 467, 468, 471, 120B IPC and Section 8 P.C. Act, P.S. E.O.W. Sector Meerut, District Meerut - FIR pending since 2018/2019 with no charge-sheet filed; arrest attempted only in 2025 - interim anticipatory bail granted 06.03.2025, no misuse of liberty, no criminal history - interim anticipatory bail confirmed; applicant to remain on anticipatory bail till conclusion of trial on the same conditions - application allowed without expressing any opinion on merits; observations not to affect the trial Judge's independent opinion based on testimony of witnesses.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1460 of 2025

Girish Kumar Gupta

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Shiv Prakash Gupta
Counsel for Opposite Party(s)	: G.A.

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Court No. - 82

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HON'BLE SAMEER JAIN, J.

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Sri Vijay Bahadur Maurya, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off.

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Heard Sri Shiv Prakash Gupta, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 45 of 2019, under Sections 409, 420, 467, 468, 471, 120B IPC and Section 8 P.C. Act, Police Station E.O.W. Sector Meerut, District Meerut with a prayer to enlarge him on anticipatory bail during trial.

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Learned counsel for the applicant submits, applicant was Manager in a school and as per allegation he misappropriated the scholarship amount of the students along with others but entire allegation leveled against the applicant is totally false.

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He further submits, FIR of the present case was lodged in the year 2019 and till date with regard to the applicant investigation is pending but when Investigating Officer started making attempt to arrest the applicant then he filed instant anticipatory bail application before this Court in the year 2025 and on 06.03.2025 the co-ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail.

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He further submits, applicant is not having any criminal history.

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NABAIL No. 1460 of 2025

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He further submits, therefore, interim anticipatory bail granted to the applicant vide order dated 06.03.2025 may be confirmed and applicant may be enlarged on anticipatory bail till conclusion of trial.

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Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation, being Manager of an educational institution applicant misappropriated the scholarship amount of the students along with others but it reflects, FIR of the present case was lodged in the year 2018 and till date no charge-sheet has been filed.

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Further, record suggests that when in the year 2025 Investigating Officer made attempt to arrest the applicant then applicant approached this Court and filed instant anticipatory bail application and vide order dated 06.03.2025 he has been released on interim anticipatory bail and there is no allegation that he misused the liberty granted to him.

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Further, applicant is not having any criminal history.

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Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 06.03.2025 is hereby confirmed. The applicant shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 06.03.2025.

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Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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September 18, 2025 AK Pandey

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(Sameer Jain,J.)

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Girish Kumar Gupta v. State of U.P. and Another

Case brief

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Girish Kumar Gupta v. State of U.P. and Another

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