Allowed

Pramod Kumar Upadhyay v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC9 Dec 2025BAIL/12333/2025

Case brief

AI extract

What is this about?

Bail application under BNS sections relating to cheating, criminal breach of trust, conspiracy and common intention arising from an FIR over alleged non-delivery of possession of a purchased plot. The court found the FIR appeared to be pressure tactics given possession was recorded in the sale deed, no civil suit filed, concluded investigation, and prior bail in 18 cases.

What did the court decide?

Applicant released on bail on personal bond and two sureties each in like amount, subject to conditions including non-tampering, no witness pressure, and appearance on every date fixed by trial court.

Pramod Kumar Upadhyay vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 12333 of 2025

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Pramod Kumar Upadhyay

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko.

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.....Opposite Party(s) Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A.

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Court No. - 17

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Virendra Kumar Shukla, the learned counsel for the applicant as well as Shri Mayank Sinha, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.111/2025, under Sections 318(4), 316(5), 111(2)B, 61(2), BNS, registered at Police Station- Mohanlalganj, District- Lucknow.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 11.04.2025 against the applicant and his brother, namely, Vinod Kumar Upadhyay stating that the complainant had purchased a plot of land measuring 800 sq. ft. from H.K. Infra Vision Pvt. Ltd. on 26.07.2024, in which, the applicant was working as Manager.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case. Involvement of applicant has been found in 57 other criminal cases, description of which has been given in para-13 of the affidavit. In 18 out of 57 cases, the applicant has been granted bail.

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The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 03.09.2025.

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Having considered the aforesaid facts and circumstances of the case and

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BAIL No. 12333 of 2025

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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.

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Accordingly, this bail application stands allowed.

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Let the applicant- Pramod Kumar Upadhyay be released on bail in aforementioned 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: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any condition, it shall be ground for cancellation of the bail of the applicant.

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(Subhash Vidyarthi,J.)

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December 9, 2025

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V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Pramod Kumar Upadhyay v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Pramod Kumar Upadhyay v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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