BAIL/30552/2025 of ANAND GUPTA Vs STATE OF U.P. AND 3 OTHERS on 18 March 2026

1. List revised. Office vide its report dated 19.03.2026 has reported that notice issued to the first informant of the case has been served, whereas notice upon the Child Welfare Committee, Khushinagar has been served, inspite of service of notice, none appears either for the informant or Child Welfare Committee as well as for the High Court Legal Services.

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

3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statement of P.W. 2-victim was recorded and she has not supported the prosecution version, copy of which statement is annexed as Annexure-SA1 to the supplementary affidavit, which has been filed today in the Court and is taken on record. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 19.07.2025. Versus Counsel for Applicant(s) : Yakub Ali Counsel for Opposite Party(s) : G.A. Anand Gupta .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)

4. Per contra, learned A.G.A. opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at this stage, therefore, he does not deserve any indulgence.

5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

6. Let applicant Anand Gupta involved in Case Crime No.268 of 2025 under Sections 74, 351(2), 70(2) of B.N.S., Section 5G/6 of POCSO Act and Section 67 of I.T.Act, Police Station Tamkuhiraj, District Kushinagar, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

March 19, 2026 S.Ali BAIL No. 30552 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad