Anjani Kumar Kaushal v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13182 of 2023 Applicant :- Anjani Kumar Kaushal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Kumar Shukla, the learned counsel for the applicant, Sri Amitabh Chaturvedi, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.775 of 2020, under Sections 420, 409, 323, 506 IPC, Police Station Gomti Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an FIR lodged on 03.10.2020 against five persons, including the applicant, alleging that the accused persons induced the informant and various other persons for making investment in Eye Vision India Credit Cooperation Society Limited/Anee Bullion and Industries Pvt. Ltd. and the amount invested was not refunded.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has falsely been implicated in the present case.

¶5It is specifically stated in the affidavit filed in support of the bail application that the applicant is neither a director nor any other position holder in the society in question and he is not even an agent of the same.

¶6The applicant's criminal history of 77 cases has been disclosed in paragraph 16 of the affidavit, all of which relate to transactions of the aforesaid society. In 71 cases the applicant has already been granted bail.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant claims that he does not hold any principal position in the society in question; that the applicant has been granted bail in several other cases of similar nature, I am of the view that the applicant is entitled to be released on bail.

¶8Accordingly, this bail application is allowed.

¶9Let the applicant-Anjani Kumar Kaushal be released on bail in the aforesaid case on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not temper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 7.11.2023 prateek* High Court of Judicature at Allahabad, Lucknow Bench