Deepesh Upadhyaya vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Deepesh Upadhyaya vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed: applicant Deepesh Upadhyaya to be released on anticipatory bail till submission of the police report under s. 173(2) Cr.P.C. in Case Crime No. 83 of 2020, on a personal bond with two sureties each in the like amount, subject to the conditions stated in the order; Investigating Officer free to seek cancellation on default of any condition and directed to conclude the investigation preferably within three months of production of a certified copy of the order.

Issue for consideration

Whether Deepesh Upadhyaya, sought to be arrested in FIR/Case Crime No. 83 of 2020 (Ss. 419, 420, 467, 468, 471 & 120-B I.P.C., P.S. Garhipukhta, District Shamli), is entitled to release on anticipatory bail under s. 482 B.N.S.S. +1 more

Court's answer

Without expressing any opinion on the merits, and considering the nature of the accusation and the applicant's antecedents, the applicant is entitled to be released on anticipatory bail for a limited period, having regard to the exception considered by the Hon'ble Supreme Court in Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

Ratio / Principle

Anticipatory bail granted till submission of the police report under s. 173(2) Cr.P.C., on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned, subject to conditions (availability for interrogation; no inducement, threat or promise to dissuade disclosure; no departure from India without previous permission and deposition of passport, if any, with the S.S.P./S.P. concerned).

Key takeaways

In default of any of the conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.ratio¶7
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously, preferably within three months from the date of production of a certified copy of this order, independently and without being prejudiced by any observation made by this Court.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), order dated 5.3.2025 (Neutral Citation 2025:AHC:31325), allowing an anticipatory bail application under s. 482 B.N.S.S. filed by Deepesh Upadhyaya in FIR/Case Crime No. 83 of 2020 (Ss. 419, 420, 467, 468, 471 & 120-B I.P.C.; P.S. Garhipukhta, District Shamli), in which he was not named and against whom investigation had been pending since 2020. Expressly declining to opine on the merits and considering the nature of the accusation and the applicant's antecedents, the Court held him entitled to anticipatory bail for a limited period — until submission of the police report under s. 173(2) Cr.P.C. — on the strength of the exception considered by the Supreme Court in Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. Bail was ordered on a personal bond with two sureties each in the like amount, subject to conditions (availability for interrogation as and when required; no inducement, threat or promise to any person acquainted with the facts; no departure from India without previous permission and surrender of passport, if any, to the S.S.P./S.P. concerned), with liberty to the Investigating Officer to apply for cancellation on default of any condition. The Investigating Officer was further directed to conclude the investigation expeditiously, preferably within three months of production of a certified copy of the order, independently and uninfluenced by any observation of the Court. Application allowed.

Neutral Citation No. - 2025:AHC:31325

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1797 of 2025

Applicant :- Deepesh Upadhyaya Opposite Party :- State of U.P. Counsel for Applicant :- Shashwat Kishore Chaturvedi Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

This anticipatory bail application (under section 482 B.N.S.S) has been moved seeking bail in Case Crime No.83 of 2020, under Sections 419, 420, 467, 468, 471 & 120-B I.P.C. P.S. Garhipukhta, District Shamli.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Applicant is not named in the FIR. Investigation is pending against the applicant since 2020 and police are in haste to arrest the applicant in pursuance of FIR. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

Let the applicant Deepesh Upadhyaya, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report under section 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :-

(i) The applicant shall make himself available for interrogation by

a police officer as and when required;

(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 from disclosing such facts to the Court or to any police officer;

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The application stands allowed.

Order Date :- 5.3.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad