Smt. Manju Kaushal v. The State of U.P. Thru. Prin. Secy., Home Deptt., Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13407 of 2023 Applicant :- Smt. Manju Kaushal Opposite Party :- The State Of U.P. Thru. Prin. Secy., Home Deptt., Lucknow 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, Ms Charu Singh, learned counsel 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. 537 of 2020, under Sections 419, 409, 420, 467, 468, 471, 506, 120B IPC, Police Station Kotwali Nagar, District Faizabad/Ayodhya.

¶3The aforesaid case has been registered on the basis of an FIR lodged on 13.08.2020 against thirteen persons and one unknown person, 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 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 28 cases has been disclosed in paragraph 16 of the affidavit, all of which relate to transactions of the aforesaid society.

¶7Learned counsel for the applicant has submitted that co-accused, Ajay Kumar Upadhyay @ Ajay Prakash Upadhyay, Vishnu Gupta and Gyan Chand Kaushal have been granted bail by means of the orders dated 11.05.2023, 14.07.2022 and 19.07.2022 passed in Criminal Misc. Bail Application Nos.3674 of 2023, 8660 of 2023, 9085 of 2023.

¶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 in several other cases of similar nature and that one of the co-accused persons have been granted bail in the present case, I am of the view that the applicant is 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 :- 23.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench