Deeraj Kumar Upadhyay @ Deenu Vs State of U.P.

This bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 363 of 2024, under Sections 420, 386, 467, 468, 471, 120-B of the I.P.C., Police Station Nawabganj, District Kanpur Nagar.

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Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. He submits that the FIR has been registered after seven month of the alleged incident of which no satisfactory explanation has been submitted. Learned counsel for the applicant further submits that the applicant is not named in the FIR and his name was surfaced during the course of investigation in the confessional statement of coaccused. He submits that the informant Narendra Dev has not made any statement against the applicant in his first and second statements recorded by the Investigating Officer but subsequently he has made allegations against the applicant in his third statement. He submits that the version of the FIR reflects civil dispute but the informant has given it a criminal colour only to harass or making pressure upon the applicant due to ulterior motive. He submits that the applicant is merely the proposed purchaser to the agreement to sale dated 31.05.2024. He submits that there is no independent witness of the

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BAIL No. 12246 of 2026

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alleged incident. He submits that the applicant is languishing in jail since 22.05.2025. He submits that the applicant has criminal antecedents of 24 cases to his credit which has been explained in the affidavit filed in support of the bail application. He submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co-accused Deepak Jadaun has been granted bail by the Co-ordinate Bench of this Court vide order dated 13.04.2026 passed in Criminal Misc. Bail Application No. 7451 of 2026, therefore, applicant is also entitled to be released on bail. Hence, the bail has been prayed for.

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Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact raised by learned counsel for the applicant.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Deeraj Kumar Upadhyay @ Deenu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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BAIL No. 12246 of 2026

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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April 20, 2026 pks

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(Ashutosh Srivastava,J.)

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Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad

Deeraj Kumar Upadhyay @ Deenu v. State of U.P.

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Deeraj Kumar Upadhyay @ Deenu v. State of U.P.

Case brief

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