Neelam Kaushal Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:10119

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5123 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.

¶5

Hon'ble Rajeev Singh,J.

¶6

Heard learned counsel for the applicant, Shri Piyush Kumar Singh, learned A.G.A. for the State and perused the record.

¶7

The present bail application has been filed by the applicant in F.I.R. No. 797 of 2020, under Sections 409, 420 I.P.C., Police Station Gomti Nagar, District Lucknow with the prayer to enlarge her on bail.

¶8

The submissions of learned counsel for the applicant are that the applicant, who is a lady and is innocent person, has been falsely implicated in the case and she is in jail since 23.04.2022. It is further submitted that the applicant has criminal antecedent of 49 case, which are similar in nature, out of which, in 30 cases, she is on bail. The details of the criminal antecedent are mentioned in para 22 of the bail application. The case of the applicant is similar to coaccused Om Shankar Kaushal, who has been enlarged on bail by this Court vide order dated 20.12.2023 passed in Criminal Misc. Bail Application No. 15088 of 2023. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.

¶9

Photocopy of the bail order of co-accused Om Shankar Kaushal provided by the learned counsel for the applicant is taken on record.

¶10

Shri Piyush Kumar Singh, learned A.G.A. opposes the prayer for grant of bail to the applicant, but fairly concedes that similarly situated co-accused Om Shankar Kaushal has

¶11

already been granted bail.

¶12

Considering the rival submissions of learned counsel for the applicant, learned A.G.A., ground of parity with the coaccused and going through the material available on record as well as totality of fact and circumstances, I am of the view that it is a fit case for bail. Application stands allowed on the ground of parity.

¶13

Let applicant -Neelam Kaushal be released on bail in F.I.R. No. 797 of 2020, 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:-

¶14

(i) The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

¶15

(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 office or tamper with the evidence.

¶16

(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.

¶17

(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 229A IPC.

¶18

(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

¶19

proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A IPC.

¶20

(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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.

¶21

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

¶22

Order Date :- 17.2.2025 VKS

¶23

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Neelam Kaushal v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Neelam Kaushal v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Zehra Khan Thru. Her Next Friend Shamim Khan @ Mohammad Shamim Khan (Father) vs State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and 3 Others

Shyam Manohar Tripathi vs Sri Anil Kumar-Iii, I.a.S, Addl. Chief Secy. Panchyati Raj Deptt. Lko.

Avadhesh Singh @ Sipahi vs State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others

Mukesh Prasad Gupta vs Vishak G, Distt Magistrate, Lko.

Naseem vs State of U.P. Thru. Prin. Secy. Home, Lko and Another

Kartik Thru. His Mother Smt. Anshika Singh Vs State of U.P. Thru. Secy. Home Lko and 4 Others