Om Shankar Kaushal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14073 of 2023 Applicant :- Om Shankar Kaushal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Kumar Shukla, learned counsel for the applicant, Sri Virendra Kumar, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.129 of 2021, under Sections 409, 420, 120B I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

01.03.2021 against 14 persons, including the applicant, alleging that the informant used to work as an agent in Ani Bullian Group of Company and he used to bring investment for the company. Upon maturity, the returns were not paid to the investors.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's criminal history of 38 cases of similar nature has been disclosed in para 18 of the affidavit, in 36 of which the applicant has been granted bail.

¶5The learned counsel for the applicant submits that four co-accused persons have been granted bail and copies of their bail orders have been annexed as Annexure No. 6 to the affidavit filed in support of the bail application and, therefore, he is also entitled to be released on the ground of parity.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that four co-accused persons have been granted bail and the applicant has been granted bail in 36 other cases of similar nature, I am of the view that the applicant is also entitled to be enlarged on bail on the ground of parity in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Om Shankar Kaushal 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper 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 :- 29.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench