Gyan Prakash Upadhyay Vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Neutral Citation No. - 2025:AHC-LKO:42362

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11226 of 2024

Applicant :- Gyan Prakash Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Prateek Tewari,Raj Nath Singh Counsel for Opposite Party :- G.A.,Amrita Singh,Brijesh Singh Vishen

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

Heard learned counsel for the applicant, learned A.G.A for the State.

¶7

The present bail application has been filed on behalf of the applicant in Case Crime No.1582 of 2019, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., Police Station Gomti Nagar, District - Lucknow, with the prayer to enlarge him on bail.

¶8

In the prosecution case, it is alleged that, on the advice of the applicant, the informant invested a sum of Rs.6,00,000 in an investment plan. However, neither was the invested amount returned nor was any property provided to the informant in lieu thereof. The cheques issued by the company were dishonoured due to incorrect details.

¶9

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 neither the Director nor the person who personally solicited the investment.

¶10

It is further submitted that the offence is triable by a Magistrate. The co-accused Manish Jaiswal, who is alleged to have played a similar role, has already been granted bail vide order dated 8.5.2025 by a Coordinate Bench of this Court in Criminal Misc Bail Application No.1555 of 2025. He seeks parity with the bail order of co-accused Manish Jaiswal.

¶11

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

¶12

have been registered against the applicant based on similar styled complaints from different investors.

¶13

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.

¶14

Learned A.G.A. has opposed the prayer for bail but does not dispute the factual submissions made above.

¶15

Perused the record so also the bail order of the co-accused Manish Jaiswal.

¶16

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 co-accused Manish Jaiswal, who has been assigned a similar role, 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.

¶17

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:-

¶18

(i) The applicant will not tamper with the evidence during the trial.

¶19

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

¶20

(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.

¶21

(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

¶22

treat it as abuse of liberty of bail and pass orders in accordance with law.

¶23

(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).

¶24

(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).

¶25

Order Date :- 23.7.2025 Madhu D.R/P.S

¶26

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Gyan Prakash Upadhyay v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

Gyan Prakash Upadhyay v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Prem Chandra Pandey Vs State of U.P. Thru. Prin. Secy. Home and Another

Smt. Bhagmati Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Saheem Vs State of U.P. Thru. Prin. Secy. Home Lko.

Raksha Sonkar vs M/S Paarth Infrabuild Pvt. Thru. Authorised Signatory

Gyan Prakash Upadhyay vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

Gyan Prakash Upadhyay vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.