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2025 DAILYLAW 169630 (ALL)

SMT. MANJU KAUSHAL v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO.

/12772/2024 · 2025-08-05

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45720 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12772 of 2024 Applicant :- Smt. Manju Kaushal Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Pramod Kumar Tiwari,Mohit Sharma,Mukul Kumar Sharma,Smt. Usha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Mohit Sharma, learned counsel for the applicant and Shri Abhishek Kumar Singh, 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. 702 of 2023, under Sections 409, 420, 467, 468, 471, 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 24 other cases has been disclosed in para 17 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. The rejoinder affidavit has been filed by the applicant disclosing her involvement in 48 cases of similar nature and in all the other cases, the applicant has already been granted bail. In the present case, two co-accused persons namely Neelam 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 rejoinder 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 namely Neelam Kaushal and Shiv Kumar Goswami, 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 - Smt. Manju 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 :- 5.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench