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2025 DAILYLAW 144978 (ALL)

NEELAM KAUSHAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/5071/2025 · 2025-07-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40937 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5071 of 2025 Applicant :- Neelam Kaushal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajay Kishor Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 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. Learned counsel for the applicant submits that the co-accused Smt. Manju Kaushal, who was assigned the same role, has been enlarged on bail by this Court vide order dated 9.7.2025 passed in Criminal Misc. Bail Application No. 6320 of 2025. The other co-accused Anjani Kaushal has also been enlarged on bail. Hence, the present applicant claims parity. Learned counsel also submits that the settlement has been arrived at between the parties. It is further submitted that the applicant has duly explained the criminal history of 52 cases in the bail application. All the cases are pertaining to similar type of offences and related to one company i.e., Eye Vision India Credit Cooperative Society. He is languishing in jail since 23.4.2022. 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, she shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the co-accused Smt. Manju Kaushal has been granted bail by this Court; other co-accused Anjani Kaushal has also been granted bail; settlement has been arrived at between the parties; the applicant has duly explained her criminal history; she is languishing in jail since 23.4.2022; the offences are triable by a Magistrate and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Neelam Kaushal involved in Case Crime No. 425 of 2020, under Sections 409, 420, 120-B IPC, Police Station- PGI, District- Lucknow, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of B.N.S. Order Date :- 17.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench