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2025 DAILYLAW 165663 (ALL)

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

NABAIL/1415/2025 · 2025-09-26

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. - 1415 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. It is alleged in the prosecution case that the informant purchased a plot No.C-89. Consideration amount of Rs.7,65,000/- was paid, however, even after execution of the registry in the year 2017, possession has not been given to the informant. Upon being demanded the possession, the informant was threatened by the accused applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence. The dispute is primarily of civil nature. 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 investigation, no offence under section 111(2)(b) has been found during investigation. Only offence under section 351 BNS is found to have been made out, for which the maximum punishable is upto seven years. . 7. On due consideration to the offences on which the investigation is going 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 U.P. Lko. And Another .....Opposite Party(s) 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 26, 2025 kkb/ NABAIL No. 1415 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench