Allahabad High Court
LALIT KAUSHIKversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that bail must be denied as the accused's alleged involvement in a conspiracy to abduct a witness and his extensive criminal record demonstrate a likelihood of tampering with evidence.
Summary
Lalit Kaushik applied for bail in a criminal case (No. 350/2024) under Sections 137(2) and 61(2) of the Bharatiya Nyaya Sanhita, alleging that he was falsely implicated and that the FIR was filed due to political rivalry. The State contended that Kaushik, together with his nephew, abducted the mother and sister of a complainant to tamper with their testimony in a related case (No. 311/2023) involving serious offences under the IPC and POCSO Act. The court noted Kaushik's extensive criminal history of 24 pending cases, including three convictions, and found a likelihood of him influencing the witness. Considering the alleged conspiracy, the risk of evidence tampering, and his prior convictions, the court declined to grant bail. The order also directed that the related case (No. 311/2023) be disposed of within two months.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 61(2) of the Bharatiya Nyaya Sanhita in view of alleged conspiracy to abduct a witness.
- Whether the accused's extensive criminal history and prior convictions justify denial of bail.
- Whether there is a real risk of tampering with evidence that warrants refusal of bail.
Legislation cited
- Arms Act — s. 25, 7
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 61(2)
- Indian Penal Code — s. 120-B, 147, 148, 149, 25, 302, 307, 323, 342, 354, 354B, 364, 376, 386, 420, 452, 467, 468, 471, 504, 506, 7
- Protection of Children from Sexual Offences Act, 2012 — s. 5, 6
- SC/ST Act — s. 3(1)(s), 3(2)(5K)
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 3(1)
Subjects
- bail
- criminal procedure
- witness tampering
- conspiracy
- political rivalry
- prior convictions
- Bharatiya Nyaya Sanhita
- IPC
- POCSO
- Gangster Act
Judgment
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
BAIL No. 28911 of 2025
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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
BAIL No. 28911 of 2025
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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
BAIL No. 28911 of 2025
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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;
BAIL No. 28911 of 2025
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(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.
April 30, 2026
Gurpreet Singh
(Harvir Singh,J.)
Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad
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