PRAMOD KUMAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.
BAIL/12158/2025 · 2025-12-05
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187121 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187121 (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. - 12158 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Virendra Kumar Shukla, learned counsel for the applicant, Sri Mayank Sinha, learned Additional Government Advocate for the State and perused the records. 2. This is the second application seeking release of the applicant on bail in Case Crime No.101 of 2025, under Sections 409, 420, 504, 506, 467, 468, 471, 120-B I.P.C., registered at Police Station Mohanlalganj, District Lucknow. The first bail application bearing no.7945 of 2025 was rejected as not pressed by means of an order dated 03.09.2025. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.03.2025 against the applicant and his brother on the basis of a complaint addressed to the Deputy Chief Minister of the State stating that the complainant resides in Maharashtra, she had purchased a plot of land measuring 1250 square feet from the accused persons on 21.10.2021 but neither the possession of the land was delivered to the complainant nor was her money refunded. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant's involvement in 57 criminal cases has been disclosed in para 13 of the affidavit filed in support of the application which are of similar nature and the applicant has been granted bail in 17 cases. The applicant is 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 Civil Sectt. Lko. .....Opposite Party(s)
languishing in jail since 16.06.2025. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 30.03.2025. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. lodged on 30.03.2025 alleges non-delivery of possession of immovable property purchased in the year 2021; that a copy of the sale deed annexed with the affidavit categorically states that possession of the land in question had been delivered to the purchaser at the time of execution of the sale deed; the complainant has not instituted any civil suit for recovery of possession or sale consideration; that the applicant has already been granted bail in numerous other cases of similar nature and he is languishing in jail since 16.06.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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. 7. Accordingly, this bail application stands allowed. 8. 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 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, unless his appearance is exempted by the learned trial court. December 5, 2025 Ram. BAIL No. 12158 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench