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2025 DAILYLAW 167003 (ALL)

ANJANI KUMAR KAUSHAL v. State of U.P. through its Principal Secretary Home, Civil Secretariat Lucknow

BAIL/11326/2024 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48911 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11326 of 2024 Applicant :- Anjani Kumar Kaushal Opposite Party :- State Of U.P. Through Its Principal Secretary Home, Civil Secretariat Lucknow Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Vivek Kumar Shukla, learned counsel for the applicant and Shri Shikha Sinha, learned A.G.A.-I for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 702 of 2023, under Sections 409, 420, 120(B) I.P.C. registered at Police Station - Gomti Nagar, District - Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.12.2023 against 12 persons, including the applicant, stating that the informant had made investments in Anee Group of Companies but no refund has been made. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and she has been falsely implicated in the present case. Involvement of the applicant in 76 other cases has been disclosed in para 14 of the bail application and all the cases are of similar nature. 5. The State has filed counter affidavit annexing therewith all the materials collected during the investigation and a copy of the charge sheet dated 02.12.2024. 6. Applicant's involvement in 77 cases of similar nature has been disclosed in the affidavit and in all the other cases, the applicant has already been granted bail. In the present case, six co-accused persons namely Neelam Kaushal, Smt. Manu Kaushal, Om Shankar Kaushal, Vasudev Goswami, Dharmendra Kaushal and Shiv Kumar Goswami have already been granted bail by the Co-ordinate Bench of this Court. The copies of their bail orders have been annexed with the affidavit. 7. On the other hand, co-accused Zalim, against whom the allegation of registration of sale deed has been levelled, has been granted bail by the Co-ordinate Bench of this Court by means of an order dated 11.04.2025 passed in CRIMINAL MISC. BAIL APPLICATION No. - 13089 of 2024. 8. Learned A.G.A. has opposed the bail application but he could not dispute the fact that allegations levelled against the applicant are similar to those levelled against the co-accused persons, who have already been granted bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact, I am of the view that the applicant is also entitled to be released on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Anjani Kumar 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 :- 20.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench