Allahabad High Court
VIKRAM PRASADversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The accused is entitled to bail as he has no direct role in the alleged fraud and the trial is at a nascent stage.
Summary
Vikram Prasad was arrested in a fraud case (Criminal No. 315 of 2024) alleging duping of an informant of Rs 4.42 crore through D.D. Finance, owned by his cousin Upendra Nath. He is charged under IPC sections 419, 420, 406, 504, 506 and 120‑B and has been in custody since 13‑Oct‑2024 while the trial is at a nascent stage with only two witnesses examined. The applicant contended that he had no direct role in the finance firm, that only a small amount was credited to his account at the direction of the co‑accused, and that the main accused already enjoys anticipatory bail. The State opposed bail. The Court, noting the lack of direct involvement, the early stage of the trial, and the prolonged pre‑trial detention, granted bail without addressing the merits, ordering a personal bond and two sureties, and directing cooperation for speedy disposal.
Issues considered
- Whether bail should be granted to the accused under sections 419, 420, 406, 504, 506 and 120‑B of the IPC given the alleged fraud and conspiracy.
- Whether the accused's alleged lack of direct involvement in D.D. Finance and the small credit to his account justify bail.
- Whether the length of pre‑trial detention and the early stage of the trial warrant the grant of bail.
- How the Supreme Court guidelines in Girish Gandhi v. State of Uttar Pradesh (2024) and Policy Strategy for Grant of Bail (2024) apply to this bail application.
Legislation cited
- Indian Penal Code — s. 120-B, 406, 419, 420, 504, 506
Subjects
- bail
- pre‑trial detention
- fraud
- criminal breach of trust
- criminal conspiracy
- anticipatory bail
- IPC sections 419,420,406,504,506,120-B
- Supreme Court bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25383 of 2025
Vikram Prasad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Arya
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Aman Arya, learned counsel for accused applicant and
learned A.G.A. for the State.
2. The present bail application has been moved by the applicant accused-
Vikram Prasad to enlarge him on bail in Case Crime No. 315 of 2024,
under Sections 419, 420, 406, 504, 506, 120-B of IPC, P.S.- Belipar,
District- Gorakhpur during the pendency of trial.
3. It is the contention of learned counsel for accused applicant that the
FIR has been lodged by the informant with the allegation that the accused
applicant and other co-accused have duped the informant of crores of
Rupees by assuring that their money be invested in land and property
through D.D. Finance. It is further alleged that nearly Rs.4.42 crores have
been invested by the informant in D.D. Finance. It is further contended
that D.D. Finance is owned by Upendra Nath @ Pintu. The accused
applicant is only the cousin brother of Upendra Nath @ Pintu and he has
no role in D.D. Finance, which deals with Real Estate. It is further
contended that some amount is credited in the account of accused
applicant from the account of informant. It was not as an investment but it
was credited to the account at the instance of co-accused Upendra Nath @
Pintu. It is further contended that the main accused Upendra Nath @
Pintu, who is proprietor of D.D. Finance, has already been granted
anticipatory bail by the Sessions Court. There is nothing on record to
show his complicity in the matter of duping the informant. The applicant
BAIL No. 25383 of 2025
2
has nine cases criminal history, wherein in seven cases, he is on bail. The
applicant is languishing in jail since 13.10.2024. The trial is still at the
nascent stage. He seeks enlargement of accused on bail.
3A. This Court in order dated 20.8.2026 called for the status report of the
trial. The report dated 19.9.2026 reveals that two witnesses have been
examined so far and the cross examination of P.W.2 is still continuing.
4. Learned A.G.A. has opposed the bail application.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering that the accused applicant has no direct role in D.D.
Finance, only small amount is credited in his account; the trial is at the
nascent stage and long incarceration, the accused applicant is entitled to
be enlarged on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 29, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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