ARTI SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6945/2025 · 2025-10-29
Karunesh Singh Pawar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 175205 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175205 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6945 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. In the prosecution case, it is alleged that a call centre was operating in Azad Vihar Colony, which is said to have defrauded and deceived several innocent individuals on the pretext of providing online employment opportunities. Learned counsel for the applicants submits that they are innocent and have been falsely implicated. The offences alleged are triable by a Magistrate. Both applicants are real sisters and have no criminal antecedents. It is alleged that one keypad mobile phone was recovered from the desk in front of each of the applicants; however, such recovery has no connection with the alleged offence. No amount has been credited to the applicants’ bank accounts from any of the victims. The applicants are not even aware of the identity of the director or the owner of the said company. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned AGA, on the other hand, has opposed the bail application, contending that the applicants were running the said call centre and had defrauded several citizens. Versus Counsel for Applicant(s) : Kamlesh Singh, Manish Vaish, Manjusha Kapil, Sushil Kumar Counsel for Opposite Party(s) : G.A. Arti Singh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
On due consideration to the apparent lack of connection between the recovered articles and the crime, and the Investigating Officer's failure to ascertain the ownership of the alleged call centre, the facts that the applicants are women with no criminal history; the alleged offences are triable by a Magistrate, coupled with the fact that the applicants are in custody since 17.06.2025, I find it to be a fit case for granting bail to the applicants. Accordingly, the bail application is allowed.
Accordingly, the bail application is allowed. Let the applicants Arti Singh and Brashali Singh, involved in Case Crime No. 228 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 66(D) of the Information Technology (Amendment) Act, 2000, Police Station – Banthra, District – Lucknow, be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates 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. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them in accordance with law. BAIL No. 6945 of 2025 2
(vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 29, 2025 R.C.
BAIL No. 6945 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench