OM SHANKAR KAUSHAL v. State of U.P. THRU PRINCIPAL SEC. HOME
BAIL/5035/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144720 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144720 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46490 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5035 of 2025 Applicant :- Om Shankar Kaushal Opposite Party :- State Of U.P. Thru Principal Sec. Home Counsel for Applicant :- Vilas Janardan Moghe Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Vilas Janardan Moghe, learned counsel for the applicant and Shri Ashok Kumar Srivastava, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 425 of 2020, under Sections 409, 420, 120-B I.P.C. registered at Police Station - P.G.I., District - Lucknow.. 3. In the prosecution case, it is alleged that one Ajeet Gupta is running Ani Group of Companies. The said company is registered and it gives 40% additional interest. Having been lured by the accused, the informant and other persons have invested Rs. 3.5 crores in Eye Vision India Credit Cooperative Society. The accused Ajeet Gupta along with the co-accused persons by hatching conspiracy committed fraud and usurped the money of the investors. 4. The learned counsel for the applicant has submitted that the applicant is a Director of the said Company. The co-accused persons namely Vasudev Goswami, Smt. Manju Kaushal, Neelam Kaushal and Anjani Kumar Kaushal have already been granted bail by means of orders dated 17.07.2025, 09.07.2025, 17.07.2025 and 18.08.2023 passed by the Co-ordinate Benches of this Court in CRIMINAL MISC. BAIL APPLICATION Nos. - 4665 of 2025, 6320 of 2025, 5071 of 2025 and 10333 of 2023. 5. It is further submitted that the applicant has duly explained the criminal history of 42 cases in the bail application, out of which in 41 cases, he has been enlarged on bail. He is languishing in jail since 02.09.2021. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Learned A.G.A. has opposed the bail application but he could not dispute the fact that the co-accused persons have already been granted bail. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be released on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant - Om Shankar Kaushal be released on bail in the aforementioned 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. Order Date :- 8.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench