Bail application under BNS sections for cheating and criminal conspiracy relating to alleged non-delivery of possession of a purchased plot despite a sale deed recording possession handover. Court noted no civil suit filed, prior bail in 18 of 57 other cases, concluded investigation, and allowed bail.
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 12333 of 2025
Pramod Kumar Upadhyay
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko.
.....Opposite Party(s) Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A.
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
BAIL No. 12333 of 2025
2
keeping in view the fact that the plot in question was purchased in the year of 2024, the sale deed mentions that the possession of the plot was handed over to the purchaser and the FIR has been lodged in the year 2025 alleging non delivery of possession; it appears that the complainant has not instituted any civil proceeding for recovery of possession/ money and the FIR has been lodged for putting pressure on the applicant to hand over of the property/money to the complainant coupled with the fact that the applicant is languishing in jail since 16.06.2025 whereas, the investigation stands concluded and he has already been granted bail in 18 similarly situated cases, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
(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.
(Subhash Vidyarthi,J.)
December 9, 2025
V. Sinha
Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant, in custody since June 2025 with bail granted in 18 similar cases and investigation concluded via charge sheet, deserved bail.
4 provisions across 1 enactments
Pramod Kumar Upadhyay
State Of U.P. Thru. Prin. Secy. Home Lko.
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
