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

Neutral Citation No. - 2025:AHC-LKO:27655

Court No. - 17

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 715 of 2025

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

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Hon'ble Rajeev Singh,J.

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This case is nominated to this Court by Hon'ble The Chief Justice vide order dated 27.2.2025.

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Counter affidavit filed by learned counsel for the complainant is taken on record.

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Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime No.698 of 2021, 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.

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Learned counsel for the applicant has submitted that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 15.7.2024. He has further submitted that applicant was working as a sales agent for the company and all the alleged amount was deposited in the account of M/S Shine City, only commission was transferred in his account by the company. It is further submitted that applicant was taken into custody in the year 2020 with the allegation that his involvement was found in 13 cases of identical in nature and charge sheet under Sections 409, 420, 467, 468, 471, 120-B I.P.C. has already been filed by the Investigating Officer on the basis of photo copy of the statement of witnesses recorded under Section 161 Cr.P.C. but till today, charge has not been framed against the applicant. He also submits that trial of the offences under Section 409 & 420 I.P.C. cannot run together. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail,

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he will not misuse the liberty of bail.

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Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for grant of bail, but they do not dispute this fact that applicant was working as sales agent and only commission was paid to him by the company.

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Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R. & master counter affidavit filed in Criminal Misc. Bail Application No.10571 of 2024, other relevant documents, nature of offence as well as facts and circumstances of the case, it is evident that applicant is in jail since 15.7.2024 but till today, charge has not been framed, therefore, I am of the view that the applicant is entitled to be released on bail.

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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:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence,

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without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(v) 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., may be issued and if 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 IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 8.5.2025 GauraV/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

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

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

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