Allahabad High Court
Neelam Kaushal vs State Of U.P. Thru. Prin. Secy. Home Lko. on 21 May, 2024
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:38498 Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5403 of 2024 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 Rajeev Singh,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 on behalf of the applicant with a prayer to enlarge her on bail in Case Crime No. 829 of 2020 under Sections 409, 419, 420, 467, 468, 471, 504, 120-B I.P.C., Police Station- Gomti Nagar, District- Lucknow.
3. Learned counsel for the applicant submits that the applicant is an innocent lady and has been falsely implicated in the present case. He further submits that the applicant has been falsely implicated in the present case by moving an application under Section 156(3) Cr.P.C. with the allegation that applicant and other associates allured the investors for depositing the money in the company M/s Anibullion with the assurance that their money will be multiplied. He further submits that the applicant is not a director in the aforesaid firm as she herself has invested the money in the aforesaid firm and she has also been cheated by the company. He further submits that in the identical manner, number of investors have lodged the F.I.R. in which the applicant has been implicated and there is no evidence related to the preparation of any forged valuable security etc. He further submits that the charge sheet has already been filed and the trial is not going on. He also submits that co-accused, namely, Ashish Tiwari has already been enlarged on bail vide order dated 11.05.2023 passed in Crl. Misc. Bail Application No. 12229 of 2022. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.
4. Learned A.G.A. opposes the prayer of the applicant for grant of bail, but he does not dispute the fact that co-accused- Ashish Tiwari has already been enlarged on bail.
5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the bail application, F.I.R. as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail.
6. Let applicant -Neelam Kaushal be released on bail in aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not commit or participate in any offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
(ii) 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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.
(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A IPC.
(v) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C., may be issued and if 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 174-A IPC.
(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.5.2024 Arpan