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Neutral Citation No. - 2025:AHC:37039 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32413 of 2023 Applicant :- Anjani Kaushal Opposite Party :- State of U.P. Counsel for Applicant :- Arunesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 758 of 2020, under Sections 419, 420, 467, 468, 471, 120B I.P.C., Police Station- Kotwali, District- Deoria during pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The alleged money was deposited directly in the account of the society. The chairman and vice-chairman of the said society used to attract investments. The applicant had no role in the investment and withdrawal of the amount. It is further contended that co-accused Manju Kaushal, Basudev Goswami, Shiv Kumar Goswami, Om Shankar Kaushal, Ashish Tiwari, Santosh Gupta, Neelam Kaushal and Dharmendra Kaushal, having identical role, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 24319 of 2023, 23604 of 2023, 31802 of 2023, 23602 of 2023, 47761 of 2023, 29424 of 2023 & 45141 of 2024. 4. Learned counsel for the applicant has next submitted that the applicant has criminal history of 15 cases which has been explained in para 3 of the supplementary affidavit. Lastly it is contended that the applicant is languishing in jail since 21.2.2022. The applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail, will not tamper with prosecution evidence and cooperate with trial. He is ready to furnish sufficient and reliable sureties. Therefore, the applicant may be released on bail during pendency of trial. 5. Learned A.G.A. has opposed the prayer for bail but could not
satisfactorily dispute the aforesaid submissions from the record. 6.
Having considered the respective submissions advanced, considering the complicity of the accused applicant as also the fact that aforesaid co-accused persons have already been enlarged on bail by this Court and further, the applicant has remained confined for more than three years and there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the possibility of conclusion of trial in near future is very bleak, he deserves to be released on bail. 7. Let the applicant- Anjani Kaushal be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) That the applicant shall cooperate in investigation and with the expeditious disposal of the trial and shall regularly attend the court unless inevitable and shall co-operate in investigation and trial. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
Order Date :- 17.3.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad