Smt. Manju Kaushal v. State of U.P Thru. Prin. Secy. Home Deptt. Govt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13369 of 2023 Applicant :- Smt. Manju Kaushal Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Govt. Lko. Counsel for Applicant :- Pratibha Singh,Prashansa Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Ms. Prashansa Singh, learned counsel for the applicant, Sri Virendra Kumar, the learned AGA for the State and perused the records.

¶2The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 62 of 2020, under Sections 409, 419, 420, 467, 468, 471, 504, 506, 120-B IPC, Police Station Kumarganj, District Faizabad/Ayodhya.

¶3The aforesaid case has been registered on the basis of an FIR lodged on

16.03.2020 against ten 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, she 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 involvement in 28 cases, all of which are related to transactions of the aforesaid society, has been disclosed in paragraph 18 of the affidavit filed in support of the bail application, in 14 of which cases, the applicant has already been granted bail.

¶7Learned counsel for the applicant has submitted that in the aforesaid case co-accused Anja Kumar Upadhaya @ Ajay Prakash Upadhaya and Anjani Kumar Kaushal, have already been granted bail by this court by means of orders dated

11.05.2023 and 07.08.2023 passed in Criminal Misc. Bail Applications No. 4114 of 2023 and 8058 of 2023, respectively.

¶8Having 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 and that two of the co-accused persons have already been granted bail in the present case, I am of the view that the applicant is also entitled to be released on bail.

¶9Accordingly, this bail application is allowed.

¶10Let the applicant-Smt. Manju 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 :- 9.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench