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2025 DAILYLAW 167374 (ALL)

SMT. POOJA SINGH v. STATE OF U.P. THRU. ADDL. CHIF SECY. DEPTT. HOME SECTT. LKO. AND ANOTHER

NABAIL/1409/2025 · 2025-09-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1409 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sushil Kumar Singh and Sri Janardan Singh, the learned counsel for the applicant as well as Sri S.P. Singh, the learned Counsel appearing on behalf of the State and Sri Pankaj Verma, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.145 of 2025, under Sections 318(4), 338, 340(2), 351(2), 336(3) B.N.S., registered at Police Station Jankipuram, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.06.2025 against three persons, including the applicant stating that the complainant is carrying on a property business in partnership with co-accused Beenam Mishra. Beenam Mishra has sold away properties in excess of her share and she has transferred Rs.20,00,000/- to the bank account of M/s AVP Enterprises, of which the applicant and her husband co-accused Vipin Singh are partners. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, she has no criminal history and she has falsely been implicated in the present case. Versus Counsel for Applicant(s) : Sushil Kumar Singh, Janardan Singh Counsel for Opposite Party(s): G.A. Smt. Pooja Singh .....Applicant(s) State Of U.P. Thru. Addl. Chif Secy. Deptt. Home Sectt. Lko. And Another .....Opposite Party(s) 5. The learned State counsel and the learned counsel for the complainant have opposed the prayer for bail and they have submitted that the applicant is the beneficiary of the offence committed by the co-accused persons as part of the proceeds of crime has been transferred to the firm of the applicant. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. does not allege commission of any offending act by the applicant coupled with the fact that the applicant is a woman having no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Smt. Pooja Singh before the learned Trial Court in the aforesaid case crime, she shall be released on bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 26, 2025 Ram. NABAIL No. 1409 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench