Partly allowed¶8

Sushil Kumar Upadhyay v. State of U.P. and 2 Others

Allahabad HC12 Dec 2025NABAIL/9933/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS; forged mark-sheet; government employment; Case Crime No. 75 of 2025; Sections 420, 468, 471, 417, 465 IPC; P.S. Cantt., Gorakhpur; interim protection; Criminal Misc. Writ Petition No. 3531 of 2025; Writ-A No. 7523 of 2025; departmental proceeding stayed; interim anticipatory bail till 20.01.2026; personal bond Rs. 50,000/-; two sureties; Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694; Sushil Kumar Upadhyay v. State of U.P.

What did the court decide?

Interim anticipatory bail till 20.01.2026 on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to stated conditions; on default, prosecution free to seek cancellation; learned AGA directed to obtain instructions by the next date; case listed fresh on 20.01.2026. ¶8

Sushil Kumar Upadhyay vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Sushil Kumar Upadhyay, facing Case Crime No. 75 of 2025 under Sections 420, 468, 471, 417, 465 IPC (P.S. Cantt., District Gorakhpur), should be released on anticipatory bail in the event of arrest.

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Court's answer

In the event of arrest, the applicant Sushil Kumar Upadhyay shall be released on interim anticipatory bail till 20.01.2026 on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions: not to tamper with evidence and to appear before the trial Court on dates fixed; not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; to cooperate during trial and not misuse the liberty of bail; and not to leave India without prior permission of the Court concerned.

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Ratio / Principle

In default of any of the bail conditions, the prosecution shall be at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.

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Key takeaways

Relying on Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, this Court records (as the Supreme Court's holding) that while deciding anticipatory bail the Court must consider the nature and gravity of accusation, antecedents of the accused, possibility of the accused fleeing from justice, carefully evaluate the entire available material against the accused, and take into account the exact role of the accused.obiter¶7

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J., 12.12.2025) — Anticipatory bail application u/s 482 BNSS in Case Crime No. 75 of 2025 under Sections 420, 468, 471, 417, 465 IPC, P.S. Cantt., District Gorakhpur — applicant, a government servant, alleged (per first informant's counsel) to have produced a forged mark-sheet to obtain government employment — earlier interim protection from arrest granted by a Division Bench on 04.03.2025 in Criminal Misc. Writ Petition No. 3531 of 2025 till submission of police report; charge-sheet since submitted; departmental proceeding stayed by a Co-ordinate Bench on 27.05.2025 in Writ-A No. 7523 of 2025 — citing Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, the Court grants interim anticipatory bail till 20.01.2026 on a personal bond of Rs. 50,000/- with two sureties of the like amount, imposing conditions (no tampering with evidence; appearance before trial Court; no inducement, threat or promise to witnesses; cooperation during trial; no departure from India without prior permission) — on default of conditions, prosecution at liberty to seek cancellation — AGA to obtain instructions; case listed fresh on 20.01.2026.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9933 of 2025

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Sushil Kumar Upadhyay

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.....Applicant(s)

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Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Atipriya Gautam, Devesh Mishra, Sr. Advocate Counsel for Opposite Party(s) :

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Court No. - 72

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HON'BLE JITENDRA KUMAR SINHA, J.

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Shri Manan Kumar Choubey, Advocate has filed Vakalatnaka on behalf of the father of the first informant, which is taken on record.

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Heard Shri Vinod Kumar Mishra, holding brief of Shri Atipriya Gautam, learned counsel for the applicant, Shri Manan Kumar Choubey, learned counsel for the father of the first informant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no.75 of 2025, under Sections 420, 468, 471, 417, 465 of I.P.C., Police Station Cantt., District Gorakhpur, with the prayer that in the event of arrest, applicant may be released on bail.

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It is contended by learned counsel for the applicant that the applicant was granted interim protection from arrest by a Division Bench of this Court vide order dated 04.03.2025 passed in Criminal Misc. Writ Petition No.3531 of 2025 till submission of police report and now the charge sheet has been submitted. It is further submitted that the departmental proceeding has been initiated by the authorities have been stayed by a Co-ordinate Bench of this Court vide order dated 27.05.2025 passed in Writ-A No.7523 of 2025. It is also submitted that the applicant is a government servant and he is ready and willing to cooperate in the investigation / trial. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of

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NABAIL No. 9933 of 2025

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bail and will co-operate with the investigation and would obey all conditions of bail.

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On the other hand, learned counsel for the first informant has opposed the application for anticipatory bail and it has been submitted by him that during investigation, the Investigating Officer has collected ample evidence as the applicant to produce some forged mark-sheet to obtain government employment.

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Learned AGA has also opposed the application for anticipatory bail and submits that he has not received instructions as yet.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the event of arrest of the applicant- Sushil Kumar Upadhyay involved in the aforesaid case crime shall be released on interim anticipatory bail till 20.01.2026 on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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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/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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NABAIL No. 9933 of 2025

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In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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List this case on 20.01.2026 as fresh.

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Learned AGA is directed to obtain instructions in the matter by the next date.

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December 12, 2025 RKM

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Sushil Kumar Upadhyay v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sushil Kumar Upadhyay v. State of U.P. and 2 Others

Case brief

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What the court decided

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