SEEMA UPADHYAY v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO.
BAIL/9095/2025 · 2025-09-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165795 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165795 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9095 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. A supplementary affidavit filed today is taken on record. 2. Heard Shri Prashant Chaudhary, learned counsel for the applicant, Shri Avishesh Kumar Singh, learned A.G.A. for the State and perused the records. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.274 of 2025, under Sections 61(2), 316(5), 318(4), 351(3) BNS, registered at Police Station Mohan Lal Ganj, District Lucknow. 4. The aforesaid case has been registered on the basis of an F.I.R. alleging that the complainant has purchased a property from H.K. Infra Vision Pvt. Ltd. in the year 2017 but possession thereof has not been delivered to him inspite of expiry of more than 7 years. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is not associated with H.K. Infra Vision Pvt. Ltd. in any manner, she is innocent and she he has been falsely implicated in the present case merely because she is wife of co-accused Manjo Kumar Upadhyay, who is the Director of the company. The applicant's involvement in nine other criminal cases has been disclosed in para 17 of the affidavit, all of which are similar in nature. 6. Learned A.G.A. has opposed the application and he has submitted that the investigation in the matter is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the nature of allegations levelled in the F.I.R., which is non- Versus Counsel for Applicant(s) : Prashant Chaudhary, Divya Tripathi Counsel for Opposite Party(s) : G.A. Seema Upadhyay .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
delivery of immovable property even after expiry of more than 7 years since the execution of the sale deed; that the applicant was neither the executor of the sale deed nor any principal position holder in the selling company and that the applicant is a woman and she is languishing in jail since 23.07.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9.
Let the applicant - Seema Upadhyay be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 24, 2025 S. Shivhare BAIL No. 9095 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench