Allowed¶16

Anup Gupta v. State of U.P. and 3 Others

Allahabad HC4 May 2026BAIL/15040/2026

Case brief

AI extract

What is this about?

Allahabad High Court allowed bail to Anup Gupta (Crl. Misc. Bail Application No. 15040 of 2026, decided 05-05-2026, Krishan Pahal, J.) in Case Crime No. 230 of 2026 under Sections 65(1), 87, 137(2) BNS and 5L/6 POCSO Act, P.S. Gulriha, Gorakhpur. Grounds: victim's Section 183 B.N.S.S. statement indicating consent, no criminal history, custody since 24.3.2026. Counsel: Yakub Ali for applicant; Sunil Kumar, A.G.A. for State. Release on personal bond and two sureties with conditions against tampering/intimidation.

What did the court decide?

Applicant Anup Gupta to be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

Anup Gupta Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the applicant, Anup Gupta, is entitled to be released on bail in Case Crime No. 230 of 2026 under Sections 65(1), 87, 137(2) BNS and 5L/6 POCSO Act, Police Station Gulriha, District Gorakhpur, during the pendency of trial.

¶10

Court's answer

Without expressing any opinion on the merits, and taking into consideration the statement of the victim recorded under Section 183 B.N.S.S. which indicates her consent, the Court held that prima facie the applicant has made out a case for bail.

¶16

Ratio / Principle

The applicant Anup Gupta was directed to be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, on conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required; breach of any condition shall entail cancellation of bail, and the observations shall not affect the trial on merits.

¶17

Detailed headnote1 paragraphs

Bail — Crl. Misc. Bail Application No. 15040 of 2026, Allahabad High Court (Krishan Pahal, J., 5 May 2026) — Case Crime No. 230 of 2026 under Sections 65(1), 87, 137(2) BNS and 5L/6 POCSO Act, P.S. Gulriha, District Gorakhpur — applicant in jail since 24.3.2026, no criminal history — victim's statement under Section 183 B.N.S.S. indicates consent — no medical corroboration contended by defence — without expressing opinion on merits, prima facie case for bail made out — bail allowed on personal bond and two sureties, subject to verification, with conditions not to tamper with evidence or intimidate witnesses and to appear before trial court — breach entails cancellation — observations not to affect trial on merits.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. BAIL APPLICATION No. - 15040 of 2026

¶3

Anup Gupta

¶4

	Versus	.....Applicant(s)
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s)		: Yakub Ali
Counsel for Opposite Party(s)		: G.A.

¶5

Court No. - 65

¶6

(Sr. No.10 out of 205)

¶7

HON'BLE KRISHAN PAHAL, J.

¶8

List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 20.4.2026.

¶9

Heard Sri Yakub Ali, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

¶10

Applicant seeks bail in Case Crime No.230 of 2026, under Sections 65(1), 87, 137(2) BNS and 5L/6 POCSO Act, Police Station Gulriha, District Gorakhpur, during the pendency of trial.

¶11

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as far as her statement recorded under Section 183 B.N.S.S. is concerned. She has stated that she was 18 years old and had discontinued her education after class-8th. There is no medical corroboration of the incident, as such, it is a clear cut case of false implication. The applicant has no criminal history and is in jail since 24.3.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail.

¶12

Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

¶13

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183

¶14

BAIL No. 15040 of 2026

¶15

¶16

B.N.S.S., which indicates her consent, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

¶17

Let the applicant- Anup Gupta , be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

¶18

Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

¶19

(Krishan Pahal,J.)

¶20

May 5, 2026 Vikas Verma

¶21

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Anup Gupta v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Anup Gupta v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sunil Ahirwar vs State of U.P. and 3 Others

Mashalu @ Pradeep vs State of U.P. and 3 Others

Prashant vs State of U.P. and 3 Others

Saurabh Vs State of U.P. and 3 Others

Shadab Vs State of U.P.

Hani Verma @ Yogendra Vs State of U.P. and 3 Others