Madhav Prasad Gupt Madhav Prasad Gupta Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6866 of 2025

Madhav Prasad Gupt Madhav Prasad Gupta

		.....Applicant(s)
	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Amit Kumar Singh
Counsel for Opposite Party(s)		: G.A.

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Court No. - 69

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HON'BLE VIVEK VARMA, J.

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Supplementary affidavit, filed by the counsel for the applicant, is taken on record.

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Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 46A of 2006, under sections 409, 419, 420, 467, 468, 471, 218, 201, 120B/34 I.P.C., Police Station- Sikandarpur, District- Ballia.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the first information report, 151 persons are nominated. It is contended that the applicant is a fair price shop licensee and has not forged or manipulated any documents. Vague and general allegations have been levelled against the applicant. The first information report was lodged in the year 2006. Thereafter, the investigation remained pending. During the pendency of the investigation, the applicant filed a Criminal Misc. Writ Petition No. 4381 of 2025 (Madhav Prasad Gupta vs. State of U.P. and 2 others). This court vide order dated 7.3.2025 had granted protection to the applicant till the submission of police report. Investigation has been

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NABAIL No. 6866 of 2025

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completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. It is next contended that the co-accused, Harishchandra Prasad and Pradeep Kumar Rai have been granted anticipatory bail by this Court vide orders dated 16.06.2025 and 26.08.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 4713 of 2025 and 6929 of 2025. The applicant claims parity. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that vague and general allegations have been levelled against the applicant, the fact that the co-accused, Harishchandra Prasad and Pradeep Kumar Rai have been granted anticipatory bail by this Court, at this stage, there is no substantive evidence against the applicant, the fact that the applicant was granted protection till submission of police report by this Court, charge-sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

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In the event of arrest, the applicant Madhav Prasad Gupta (Madhav Prasad Gupta) involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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:-

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(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

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NABAIL No. 6866 of 2025

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(ii) 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 from disclosing such facts to the Court;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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September 19, 2025 S.S.

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(Vivek Varma,J.)

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Madhav Prasad Gupt Madhav Prasad Gupta v. State of U.P.

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Madhav Prasad Gupt Madhav Prasad Gupta v. State of U.P.

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