POONAM RATHORE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
/980/2025 · 2025-08-05
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DailyLaw.ai
[ 2025 DAILYLAW 155140 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155140 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45347 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 980 of 2025 Applicant :- Poonam Rathore Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Shobhit Singh,Ajai Kumar Singh,Poornima Raj,Rifat Naaz Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Rifat Naaz, the learned counsel appearing on behalf of the applicant as well as Smt. Kamlesh Kumari, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant for the limited purpose to enable her to travel to Alappuzha, Kerala and seek transit anticipatory bail in F.I.R./Case Crime No.27 of 2024, under Sections 319(2), 314, 318(4) of B.N.S. & Section 66(D) of I.T. Act, 2000 registered at Police Station- Cyber Crime, District Alappuzha, Kerala. 3. The learned counsel for the applicant has submitted that the applicant is not named in the aforesaid F.I.R. which alleges that the informant had been lured with the promise of high returns and he was made to invest Rs.20,15,270/- to various accounts between 06.12.2024 and 11.12.2024 in six transactions. During investigation, the applicant's name has surfaced as some amount has been transferred to her bank account via transfer. She has submitted that the applicant wants to participate in the proceedings of trial but she has an apprehension that upon going to Alappuzha, Kerala, she might be arrested. 4. Learned counsel for the applicant has placed reliance on a
decision rendered by a Co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail U/S 438 Cr.P.C. No. - 1669 of 2022 decided on 30.09.2022 wherein after placing reliance on the judgments in the cases of Teesta Atul Setalvad & Anr. Vs. State of Maharashtra & Ors. in Anticipatory Bail Application No.14 of 2014, decided by the Bombay High Court on 31.01.2014 and affirmed by the Hon'ble Supreme Court in SLP No.1770 of 2014 and Nikita Jacob Vs. The State of Maharashtra in Anticipatory Bail Application No.441 of 2021, decided by the Bombay High Court on 17.02.2021, and has submitted that this Court has power to grant transit anticipatory bail to enable the applicant to appear before the competent court in District Alappuzha, Kerala. 5.
In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent having no criminal history and she has been falsely been implicated in the present case. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the proposition of law laid down in the aforesaid cases. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that the applicant is a women, having no criminal history and is not named in the F.I.R. and she has expressed her willingness to participate in the proceedings of investigation, I am of the view that the applicant is entitled to be granted transit anticipatory bail to enable her to participate in the proceedings of trial. 8. In view of the above, the transit / anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant in connection with the aforesaid case crime, she shall
be released on transit bail on her furnishing personal bond of Rs.50,000/-. 9. The aforesaid protection is granted for a period of six weeks from the date of this order to enable the applicant to approach the competent Court for seeking appropriate relief. Order Date :- 5.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench