Allahabad High Court
DEEPEE UPASANA @ JANIversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court granted bail to the applicant, finding the case fit for release on bail.
Summary
Deepee Upasana @ Jani was arrested in connection with case crime No. 0164 of 2026, alleged to have committed offences under IPC sections 308(5), 318(4), 351(3) and 317(2) and a complaint under Section 138 of the Negotiable Instruments Act. The applicant claimed innocence, stating the allegations arose from a business dispute and that he had been falsely implicated, while also noting a prior criminal record. Counsel for the applicant sought bail, arguing that the applicant had been in custody since 6 July 2026 and would not misuse liberty if released. The State, represented by the A.G., opposed bail but did not contest the applicant’s factual contentions. The Court, after considering the nature of the allegations and the circumstances, decided that the case was suitable for bail without expressing any view on the merits. Accordingly, bail was granted subject to a personal bond, two sureties and conditions restricting tampering with evidence, criminal activity, and ensuring appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused in a case involving IPC sections 308(5), 318(4), 351(3), 317(2) and NI Act section 138, considering the seriousness of the offences and the applicant's prior criminal history.
Legislation cited
- Indian Penal Code — s. 308(5), 317(2), 318(4), 351(3)
- Negotiable Instruments Act — s. 138
Subjects
- bail
- Indian Penal Code
- Negotiable Instruments Act
- criminal procedure
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31412 of 2026
Deepee Upasana @ Jani
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Sengar
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard Ms. Gunjan Yadav, learned counsel holding brief of Mr. Ajay
Sengar, learned counsel for the applicant, learned A.G.A. and perused the
record.
2. The applicant is involved in Case Crime No. 0164 of 2026 under
Sections -308(5), 318(4), 351(3), 317(2) BNS Police Station -Kotwali
Orai District Jalaun.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. The dispute
with regard to business transaction between the parties. It is further
submitted that a complaint under Section 138 N.I. Act has been lodged
against the applicant by the first informant. There is previous criminal
history against the applicant. It is also submitted that applicant is having
no concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. The applicant is in jail
since 06.07.2026. Therefore, the applicant is entitled for bail. Learned
counsel for the applicant has further submitted that if the applicant is
released on bail, the applicant would not misuse liberty of bail and is
ready to co-operate in the trial.
4. Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.
BAIL No. 31412 of 2026
2
5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant - Deepee Upasana @ Jani be released on bail in the
aforesaid case crime number on furnishing a personal bond and two
reliable sureties of the like amount to the satisfaction of the court
concerned subject to following conditions, which are being imposed in
the interest of justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
8. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 8, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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