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2025 DAILYLAW 129534 (ALL)

HIMANSHU KUMAR v. U.O.I. THRU. ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT LKO. ZONAL OFFOCE LKO.

BAIL/2416/2025 · 2025-05-16

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29195 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2416 of 2025 Applicant :- Himanshu Kumar Opposite Party :- U.O.I. Thru. Assistant Director Directorate Of Enforcement Lko. Zonal Offoce Lko. Counsel for Applicant :- Amit Srivastava,Anuuj Taandon,Purnendu Chakravarty Counsel for Opposite Party :- Rohit Tripathi,Arunendra Mohan Shukla Hon'ble Shree Prakash Singh,J. 1. Counter affidavit has already been served upon learned counsel for the applicant but the same is not filed whereas the rejoinder affidavit has been filed and the same is taken on record. 2. Counter affidavit filed today by learned counsel for the Directorate of Enforcement is taken on record. 3. Heard Shri Purnendu Chakravarty and Shri Amit Srivastava, learned counsel for the applicant, Shri Rohit Tripathi, learned counsel for the Directorate of Enforcement, learned A.G.A. for the State and perused the records. 4. The instant application has been filed seeking release of the applicant on bail in ECIR No. ECIR/LKZO/05/2021, under Section 3/4 Prevention of Money Laundering Act (PMLA), 2002, Police Station Directorate of Enforcement, District Lucknow. 5. The Enforcement Directorate had filed Complaint Case No. 94 of 2014 in the Court of Special Judge, Anti-Corruption, CBI, Lucknow against four persons, including the applicant. 6. Co-accused- Shashi Bala @ Shashi Bala Singh has been granted bail by means of an order dated 15.01.2025 passed by the Hon'ble Supreme Court in Criminal Appeal No. 212 of 2025 and another co-accused- Udhaw Singh has been granted bail by means of an order dated 17.02.2025 passed by the Hon'ble Supreme Court in Criminal Appeal No.799 of 2025. 7. Learned counsel for the applicant has submitted that the case set up against the applicant is similar to the case set up against co-accused/ Udhaw Singh, who has already been enlarged on bail. 8. The aforesaid submission advanced by the learned counsel for the applicant has not been disputed by Shri Rohit Tripathi, learned counsel for the Directorate of Enforcement. 9. In view of the aforesaid circumstances, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Himanshu Kumar 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, unless his appearance is exempted by the learned trial court. Order Date :- 16.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench