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2025 DAILYLAW 151228 (ALL)

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

/8292/2024 · 2025-01-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5053 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8292 of 2024 Applicant :- Dharmendra Kaushal Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lko Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Kumar Shukla, learned counsel for the applicant, Sri Virendra Kumar, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.327 of 2022, under Sections 409, 504, 506 I.P.C., registered at Police Station Baskhari, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 05.11.2022 against one Durgesh Kumar Gupta alleging that the informant used to work as an agent in Eye Vision India Credit Co-operative Society Ltd. and he used to bring investment for the company. Upon maturity, the returns were not paid to the investors. The applicant has not been named in the F.I.R. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's criminal history of 56 cases of similar nature has been disclosed in para 16 of the affidavit, in 55 of which the applicant has been granted bail. 5. The learned counsel for the applicant submits that five co- accused persons have been granted bail and copies of their bail orders have been annexed as S.A. 1 (pg. 06 to 15) to the supplementary affidavit filed in support of the bail application and, therefore, he is also entitled to be released on the ground of parity. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that four co-accused persons have been granted bail and the applicant has been granted bail in 55 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Dharmendra 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 . (Subhash Vidyarthi,J.) Order Date :- 24.1.2025 -Amit K-/Ram. Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench