PRAMOD KUMAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/11326/2025 · 2025-11-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185445 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185445 (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. - 11326 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Virendra Kumar Shukla, the learned counsel for the applicant and Sri Mayank Sinha, the learned Additiional Government Advocate for the State. 2. This second application has been filed seeking release of the applicant on bail in Case Crime No. 124/2025, under Sections 409, 420 IPC and added Section 120-B IPC, Police Station Mohanlalganj, Lucknow. 3. First bail bearing Criminal Misc. Bail Application No. 8426 of 2025 was rejected by this Court on 09.09.2025. 4. The aforesaid case has been registered on the basis of an FIR lodged on 17.04.2025 stating that the complainant had purchased a plot of land in the name of his wife through a sale deed dated 16.04.2019 from the applicant but the possession of the land was not delivered to him. He stated in the FIR that due assistance be provided to him in obtaining possession of the land purchased in the name of his wife. 5. In the affidavit filed in support of the application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 6. The applicant's involvement in 57 other cases of similar nature has been explained in paragraph 14 of the affidavit and the learned counsel for the applicant states that the applicant has been granted bail in 13 cases. Versus Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Pramod Kumar Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
7. The co-accused Madan Ram has been granted bail by means of an order dated 06.10.2025 passed by this Court in Criminal Misc. Bail Application No. 9355 of 2025. 8. The learned AGA has opposed the application and he has submitted that the allegations have been established in the investigation and a charge sheet has been submitted on 06.09.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges non delivery of possession of land purchased in the year 2019 and request for providing assistance in handing over possession, which essentially makes out a dispute of civil nature; the applicant has already been granted bail in numerous other cases of similar nature and a co-accused has been granted bail in the present case; that the applicant is languishing in jail since 16.06.2025 and the investigation stands concluded, I am of the view that the applicant is also entitled to be enlarged on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Pramod Kumar Upadhyay be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. November 28, 2025 Pradeep/- BAIL No. 11326 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench