Neutral Citation No. - 2025:AHC-LKO:42403 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11434 of 2024 Applicant :- Gyan Prakash Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Raj Nath Singh,Prateek Tewari Counsel for Opposite Party :- G.A.,Brijesh Singh Vishen Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A for the State. The present bail application has been filed on behalf of the applicant in Case Crime No.110/2020 under Section 409, 420, 467, 468, 471, 120-B Indian Penal Code, Police Station Gomti Nagar, Lucknow with the prayer to enlarge him on bail. In the prosecution case, it is alleged that the complainant invested Rs.1,50,000/- in PIP plan company Shine City and it was promised by the co-accused that the entire money will be refunded after 12 months and 15 months. Rs.2,00000/- and one plot of 648 sq.ft. were also promised to be given and after reselling the unit, Rs.3,00000/- will be given. It is alleged that the informant invested another Rs.1.50 lakh on 19.02.2018 at the instance of the applicant- Gyan Prakash Upadhyay, Pushpendra Singh Chauhan and Sonu Singh. His entire money has been usurped. Learned counsel for the applicant submits that it is the admitted case of the prosecution that the applicant is not a Director of the concerned company. A master counter affidavit has been filed by the State in similar matters, wherein it has not been disputed that the applicant is not the Director. It is further submitted that the offence is triable by a Magistrate. The identically situated co-accused Meera Srivastava has already been granted bail vide order dated 21.6.2024 by a Coordinate Bench of this Court in Criminal Misc Bail Application No.6578 of 2024. He seeks parity with the bail order of co-accused Meera Srivastava. It is further submitted that the applicant has explained the criminal history in paragraphs 21 and 22 of the bail application. It is submitted that multiple cases have been registered against the applicant based on similar styled complaints from different investors. It is next submitted that the offenses of criminal breach of trust and cheating cannot be simultaneously invoked based on the same set of facts. Learned A.G.A. has opposed the prayer for bail but does not dispute the factual submissions made above. Perused the record so also the bail order of the co-accused Meera Srivastava. On due consideration of the facts that the charge-sheet in the present case has been filed, the applicant has duly explained his criminal history, the offence is triable by a Magistrate, the applicant has been languishing in jail since 15.07.2024, and the identically situated co-accused Meera Srivastava has already been granted bail by a coordinate Bench of this Court, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail. Accordingly the bail application is allowed. Let applicant Gyan Prakash Upadhyay be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). Order Date :- 23.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench