Allahabad High Court
Lalit Kaushik vs State Of U.P. on 30 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:98598
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28911 of 2025
Lalit Kaushik
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Shyam Shanker Pandey
Counsel for Opposite Party(s)
:
Deelip Kumar Pathak, G.A., Rajiv Kumar Mishra
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, learned counsel for the informant/complainant as well as learned A.G.A. for the State and perused the material available on record.
2. This bail application has been moved on behalf of the accused-applicant/ Lalit Kaushik, for grant of bail, in Case Crime No. 350/ 2024, under Sections 137(2) and 61(2) of Bharatiya Nyaya Sanhita, 2023, Police Station Katghar, District Moradabad, during pendency of trial.
3. Learned counsel for accused-applicant, while pressing the bail application, submits that, the accused-applicant has been falsely implicated in the instant case and has not committed any offence, as alleged by the prosecution. It is alleged in the first information report of this case that, the nephew (bhanja) of the applicant and one unknown person have enticed away the mother and sister of the applicant, as they are the victim/ complainant in another Case Crime No.311/ 2023, under Section 342, 376 and 506 of Indian Penal Code, 1860 and Section 5/6 of The Protection of Children from Sexual Offences (POCSO) Act, 2012, Police Station- Civil Lines, District Moradabad and while they were going to do pairvi of the aforesaid Case Crime No.311/ 2023 to the Court concerned, the alleged incident took place. Learned counsel for the applicant further submits that, entire prosecution story is false, fabricated, concocted and baseless and applicant has nothing to do with the alleged incident. It is further submitted that, applicant is an advocate in District Court, Moradabad, as well as Ex-Block Pramukh of Munda Pandey Block, Moradabad, therefore, the present first information report has been lodged due to political rivalry by luring the informant with money. No such incident had happened and if it is so, even then, the applicant was not involved in the alleged incident, as stated by the mother and sister of the informant/ complainant, in their statement. Learned counsel for the applicant further submits that, the accused-applicant is languishing in jail in this matter, since 18.6.2025, criminal history of 24 cases has been explained and there is no likelihood that, the accused-applicant, after release on bail, may flee from the process of law or will misuse the liberty of bail.
4. On the other hand, learned counsel for the informant/ complainant, as well as learned A.G.A. for the State vehemently opposes the prayer of bail of the applicant and submits that, the accused- applicant, while in jail, has been hatching conspiracy in order to get rid of the another Case Crime No.311/ 2023, under Section 342, 376 and 506 of Indian Penal Code, 1860 and Section 5/6 of The Protection of Children from Sexual Offences (POCSO) Act, 2012, Police Station- Civil Lines, District Moradabad, which is pending disposal and the complainant/ informant of the case in the said Case Crime No.311/ 2023, is the mother of the informant/ complainant herein and the sister of the complainant/ informant herein is the victim in the said case crime number. Since the victim of said Case Crime No.311/ 2023 was a witness and on the date 4.7.2024, when the said case was listed for prosecution evidence, in which the said victim along with her mother were going to attend the Court, however they were enticed away on the way and did not return till evening. It is matter of calculated coincidence that, the day, the said Case Crime No.311/ 2023 was listed for adducing of evidence of the complainant/ victim, there and then the nephew (bhanja) of the accused- applicant took away the victim and her mother to some secluded place and got some blank papers signed, with the intention to file them in the Court, where trial was pending in said Case Crime No.311/ 2023. Learned counsel for the informant/ complainant as well as learned A.G.A. for the State further submits that, the victim and her mother were abducted and unauthorizedly taken away by none other than the nephew (bhanja- Abhi) of the applicant and one other person. There was no other motive than getting the victim hostile in the said Case Crime No.311/ 2023, thus, the act of the accused- applicant can fairly be connected with the mala fide intention of the accused- applicant, who hatched criminal conspiracy with his nephew and got both the victim and her mother abducted. It is further submitted that, it is not the case of the accused- applicant, that the victim and her mother were taken away in isolation or independent manner and not connected with any other case crime, however, the conspiracy and the connection of taking away the victim and her mother to some secluded place is clearly established with the fact that, the applicant had mala fide intention to get the statement of victim recorded favourably, in said Case Crime No.311/ 2023. Learned counsel for the informant/ complainant as well as learned A.G.A. for the State further submits that, there are several cases pending against accused- applicant and he has a long drawn criminal history of total 24 cases, as much as he has also been convicted in three criminal cases, which are as under:- “(i) Case Crime No.87/ 2023, under Sections 342, 364, 506, 323 IPC, Police Station Munda Pandey, District Moradabad, in this case applicant has been convicted by trial court for ten years imprisonment under section 364 IPC and criminal appeal has been filed by the applicant against the order of conviction before this Court, in which the applicant has released on bail during pendency of criminal appeal; (ii) Case Crime No.257/ 2023, under Sections 7/25 Arms Act, Police Station Civil Line, District Moradabad, in this case trial Court has convicted the applicant for seven years imprisonment under Section 7/25 Arms Act and criminal appeal has been filed by the applicant against the order of conviction before this Court, in which the applicant has released on bail during pendency of criminal appeal; (iii) Case Crime No.467/ 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Civil Lines, District Moradabad, in this case, the trial Court has convicted the applicant for eight years imprisonment and fine of Rs. 25,000/- vide judgement dated 26.3.2026.”
Rest of the cases pending before the accused- applicant are as under:- “(1) Case Crime No.413/ 2016, under Sections 394, 120-B IPC, Police Station Civil Line, District Moradabad, in this case applicant has released on bail; (2) Case Crime No.1384/ 2020, under Sections 147, 452, 323, 352, 504, 506 IPC, Police Station Civil Line, District Moradabad, in this case applicant has released on bail; (3) Case Crime No.159/ 2021, under Sections 147, 323, 352, 120-B IPC, Police Station Munda Pandey, District Moradabad, in this case final report has been submitted in favour of applicant; (4) Case Crime No.160/ 2021, under Sections 147, 323, 352, 120-B IPC, Police Station Munda Pandey, District Moradabad, in this case final report has been submitted in favour of applicant; (5) Case Crime No.305/ 2022, under Sections 147, 148, 149, 504, 506, 447 IPC, Police Station Munda Pandey, District Moradabad, in this case applicant has released on bail; (6) Case Crime No.36/ 2022, under Sections 302, 120-B IPC and 3/25 Arms Act, Police Station Civil Line, District Moradabad, in this case applicant has released on bail; (7) Case Crime No.93/ 2023, under Sections 307, 120-B IPC, Police Station Majhola, District Moradabad, in this case the applicant has released on bail by this Court; (8) Case Crime No.302/ 2023, under Section 3/25 Arms Act, Police Station Civil Line, District Moradabad, in this case the applicant has released on bail; (9) Case Crime No.327/ 2023, under Sections 420, 467, 468, 471, 406, 147, 148, 149, 323, 504, 506, 341, 342, 427, 354Kha IPC, Police Station Majhola, District Moradabad, in this case final report has been submitted in favour of the applicant; (10) Case Crime No.311/ 2023, under Sections 354, 506 IPC and 3/4 POCSO Act, Police Station Civil Line, District Moradabad, in this case the applicant has been released on bail; (11) Case Crime No.362/ 2023, under Sections 354B, 504, 506 IPC and Section 3(2)(5K) and 3(1)(s) of the SC/ST Act, Police Station Civil Line, District Moradabad, in this case the entire criminal proceeding of the said case has been quashed by this Court in favour of applicant; (12) Case Crime No.861/ 2023, under Section 3(1) UP Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Majhola, District Moradabad, in this case the applicant has been released on bail; (13) Case Crime No.306/ 2023, under Sections 147, 452, 323, 504, 506 IPC & 3(1)(Da), 3(1)(Gha) of the SC/ST Act, Police Station Bilari, District Moradabad, in this case the applicant is not wanted and no charge sheet has been submitted by the police till today; (14) Case Crime No.655/ 2023, under Section 386 IPC, Police Station Civil Line, District Moradabad, in this case the applicant is not named in the FIR and he is not wanted in this case and no charge sheet has been submitted by the police till today; (15) Case Crime No.675/ 2024, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Majhola, District Moradabad, in this case the applicant has been released on bail; (16) Case Crime No.10/ 2024, under Sections 420, 384, 467, 468, 471 IPC, Police Station Bilari, District Moradabad, in this case the applicant has been released on bail; (17) Case Crime No.104/ 2023, under Sections 302, 120-B, IPC Police Station Majhola, District Moradabad, in this case the applicant has been released on bail; (18) Case Crime No.500/ 2024, under Sections 62, 351(3) of BNS, Police Station Bilari, District Moradabad, in this case the applicant is not wanted and no charge sheet has been submitted by the police till today; (19) Case Crime No.358/ 2025, under Sections 109(1), 351(3), 61(2) BNS, Police Station Katghar, District Moradabad, in this case the applicant has not released on bail and his bail application has recently rejected by Session Court, Moradabad; (20) Case Crime No.222/ 2025, under Section 2/3 Gangster Act, Police Station Bilari, District Moradabad, in this case the applicant has been released on bail; (21) Case Crime No.598/ 2023, under Sections 302, 307, 120-B IPC, Police Station Majhola, District Moradabad, in this case the applicant has been released on bail.”
5. Having considered the rival contentions of the parties and having perused the record, it is evident that, the accused- applicant is having a long drawn criminal history of 24 cases, though the same is not sufficient to decline the liberty of bail, but besides that, owing to conviction in three cases, as stated above and mala fide intention of the accused- applicant to hatch a conspiracy against the victim of said Case Crime No.311/ 2023 and her mother, the victim was likely to depose in the said case crime, but induced and abducted to depose in favour of the applicant. Thus, having regard to the evidence available on record against the applicant and his complicity in the crime, this Court is not inclined to grant bail to accused- applicant in the instant case. Hence, the bail application moved on behalf of applicant – Lalit Kaushik is hereby rejected.
6. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. However, the said case bearing Case Crime No.311/ 2023, pending disposal and listed for arguments for a long time be disposed of within a period of two months, preferably, after receipt of a certified copy of this order.
(Harvir Singh,J.)
April 30, 2026
Gurpreet Singh
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