HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9870 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2. The present bail application has been filed seeking bail in Case Crime No. 285/2025, under sections 61(2), 316(5), 318(4), 352, 351(2), 61(2) B.N.S., P.S. Mohanlalganj, District-Lucknow. 3. It is alleged that the informant purchased Plots No. A-01 and A-02 at Village Mitauli Adampur, Mohanlalganj, Lucknow, for Rs. 15,00,000/- through registered sale deed dated 26.09.2020 after making full payment by cheque. Despite assurances, neither mutation nor possession was given. Later, it was found that Vinod Kumar Upadhyay and Pramod Kumar Upadhyay, by preparing forged deeds, cheated several persons including the applicant, misappropriating Rs. 16,25,000/-. On demanding refund, the accused abused, threatened, and refused to return either the land or the money. 4.Learned counsel for the applicant submits that allegation of usurping money is on the co-accused Pramod Kumar Upadhyay who happens to be the husband. The co-accused Prabhat Kumar Upadhyay has been granted interim anticipatory bail by this court vide order dated 24.9.2025, passed in Anticipatory Bail No.1320 of 2025. The applicant is a lady. She has Versus Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Seema Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) explained criminal history in para 14 of the bail application. In the first information report, role assigned to the applicant is of conspiracy as well as threatening the complainant. The offences are triable by Magistrate. The applicant is in jail since 23.7.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. The investigation is going on. 6.Considering the facts and circumstances of the case, including the fact that the applicant has explained criminal history, offences are triable by Magistrate, bail order of the co-accused, undertaking given on behalf of the applicant that she shall cooperate in the investigation, arguments advanced by learned counsel for the parties, the applicant is in jail since 23.7.2025, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail. The bail application is accordingly allowed. 7.Let the applicant Seema Upadhyay be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 she shall not seek any adjournment on the dates fixed for evidence when the witnesses BAIL No. 9870 of 2025 2 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 her absence, without sufficient cause, the trial court may proceed against her under Section 229-A I.P.C. (now 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. (now 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 her, in accordance with law, under Section 174-A I.P.C. (now 209 BNS) It is made clear that any observation(s) made in the present order shall not affect the trial. October 14, 2025 kkb/ BAIL No. 9870 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench