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2025 DAILYLAW 165659 (ALL)

PRABHAT KUMAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1298/2025 · 2025-09-22

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1298 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime Case Crime No. 283/2025, US-111(2) (b), 61(2), 316(5), 318(4), 351(3) B.N.S., P.S. Mohanlalganj, District- Lucknow. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. Notice to respondent no. 2 is dispensed with in view of the proposed order. 4. It is alleged that the informant purchased a plot measuring 2000 square feet from H.K. Infravision Private Limited through its authorized signatory, Pramod Kumar Upadhyay, after paying the consideration amount of Rs. 16,51,000/-. However, possession of the said plot was not delivered, and when the informant demanded possession, he was allegedly threatened to kill. 5. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence. It is contended that opposite party no. 2 has falsely implicated the applicant with mala fide intention. The applicant further undertakes to cooperate with the investigation as well as during trial. 6. Learned AGA, on the basis of instructions, submits that during Versus Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Prabhat Kumar Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) investigation, offences under Sections 351(3) and 352 of the Bharatiya Nyaya Sanhita have been found against the applicant. No material has been found to substantiate the other offences mentioned in the FIR. It is further submitted that the offences under Section 351(3) and 352 BNS are punishable up to maximum seven years. The instructions provided by the learned AGA are taken on record. 7. On due consideration to the offences on which the investigation is going on against the applicant are punishable up to maximum seven years, and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case, in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the investigation. 8. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- 9. The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. 10. The application is allowed. September 22, 2025 R.C. NABAIL No. 1298 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench