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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15427 of 2023 Applicant :- Smt. Manju Kaushal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Pratibha Singh,Prashansa Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Ms. Pratibha Singh, learned counsel for the applicant, 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.459 of 2020, under Sections 409, 420, 467, 468, 471, 120B I.P.C., registered at Police Station P.G.I., District Lucknow.

¶3Learned counsel for the applicant submits that co-accused, Ram Gopal Gupta and Vishnu Gupta have been enlarged on bail by the Additional Session Judge, Court No. 14, and Court No. 19, Lucknow itself by means of the order dated 19.12.2020 and

06.05.2023 passed in Bail Nos.6533 of 2020 and 3366 of 2023. He, therefore, submits that the applicant may also be enlarged on bail on the ground of parity.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and she has been falsely implicated in the present case. The applicant's criminal history of 30 cases of similar nature has been disclosed in para 18 of the affidavit, in 24 of which the applicant has been granted bail.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that two co-accused persons have been granted bail by the Session Court and the applicant has been granted bail in 20 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Smt. Manju 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 :- 22.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench