Allowed

Om Shankar Kaushal v. State of U.P.

Allahabad HC9 Jan 2023BAIL/57165/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Om Shankar Kaushal in a criminal appeal regarding cheating and criminal breach of trust. The court held that the applicant established a prima facie case for bail based on the larger mandate of Article 21, parity with acquitted co-accused, and lack of prior criminal record.

What did the court decide?

The applicant is ordered to be released on bail by furnishing a personal bond and two sureties.

Om Shankar Kaushal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57165 of 2022

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Applicant :- Om Shankar Kaushal Opposite Party :- State of U.P. Counsel for Applicant :- Arunesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Om Shankar Kaushal with a prayer to release him on bail in Case Crime No.514 of 2020, under Sections 419, 420, 406, 506 I.P.C., P.S. Kotwali Padrauna, District Kushinagar during pendency of the trial.

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It is argued by the learned counsel for the applicant that the instant First Information Report has been lodged through 156(3) Cr.P.C. application. It is next argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant has no concerned with the present case. No specific role has been assigned to the applicant. Learned counsel for the applicant next submitted that co-accused Ram Gopal Gupta, Ashish Tiwari, Manju Kaushal & Neelam Kaushal have been granted bail by the coordinate Bench of this Court vide orders dated 27.06.2022, 11.08.2022, 21.09.2022 & 10.10.2022. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. The applicant has no prior criminal history. After the present case, applicant has been implicated in 14 other cases for similar set of facts. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 21.02.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is

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allowed.

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Let the applicant, Om Shankar Kaushal, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 9.1.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Om Shankar Kaushal v. State of U.P.

Case brief

What is this about?

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Om Shankar Kaushal v. State of U.P.

Case brief

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