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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15432 of 2023 Applicant :- Smt. Manju Kaushal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pratibha Singh,Prashansa Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Ms. Pratibha Singh, the learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.

¶2The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.584 of 2020, under Sections - 409, 420, 467, 468, 471, 120-B IPC, Police Station-Gomti Nagar, District Lucknow.

¶3Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant is neither Director nor Agent or worker of the company and neither he is beneficiary. It is further submitted that the name of the present applicant is wrongly implicated in the present case. It is further submitted that cheating has been caused by the Director of the Company. It is also submitted that in case the applicant is enlarged on bail she shall not tamper with the evidence or misuse the liberty of bail and will also cooperate in the trial proceedings. Co-accused Ashish Tiwari has already been granted bail in the present case by means of an order dated 07.08.2023 passed in Criminal Misc. Bail Application No. 15432 of 2023.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶5Considering the facts and circumstances of the case and taking into account the fact that applicant is neither Director nor Agent or worker of the company and neither he is beneficiary and cheating has been caused by the Director of the Company and without expressing any opinion on the merits of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

¶7Let applicant-Smt. Manju Kaushal be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the 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