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

Neutral Citation No. - 2025:AHC-LKO:42671

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 501 of 2025

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

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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In the prosecution case, it is alleged that in lieu of providing a plot, the applicant has induced the informant to invest Rs. 5,51,000/-. Accordingly, the informant has invested the said amount. However, neither the money invested has been returned nor the plot has been provided to the informant, rather the invested money has been usurped by the applicant.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He is neither a Director nor a signatory authority of the Company. He submits that the alleged offences are triable by a Magistrate. It is next submitted that the co-accused Amitabh Kumar Srivastava @ Amitabh Srivastava, who is one of the Directors of the Company and Abhishek Thakur @ Abhishek Kumar Singh have already been granted bail by coordinate benches of this Court vide order dated 8.5.2025 and 31.3.2023 passed in Criminal Misc. Bail Application Nos. 1125 of 2025 and 3549 of 2023. Therefore, the present applicant claims parity.

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It is further submitted that the applicant has duly explained the criminal history of 39 cases in para Nos. 21 and 22 of the bail application. All the FIRs have been lodged by the investors in the same style. He is languishing in jail since 15.7.2024. Till date, charges in the case have not been framed. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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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.

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On due consideration to the submissions advanced, perusal of the record, the bail orders of the above named co-accused

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persons so also the fact that the offences are triable by a Magistrate; the applicant has duly explained the criminal history; he is languishing in jail since 15.7.2024; till date, charges in the case have not been framed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed .

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Let the applicant- Gyan Prakash Upadhyay involved in Case Crime No. 556 of 2021, under Sections 409, 420, 467, 468, 471, 120-B IPC, Police Station- Gomti Nagar, District- Lucknow, be released on bail on his 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:-

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

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

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(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.

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

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(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 in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S.

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Order Date :- 24.7.2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

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

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

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