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2025 DAILYLAW 195256 (ALL)

KUMARI SANTWANA PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

/1994/2025 · 2025-12-12

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1994 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State. The present anticipatory bail application has been filed by the applicant apprehending her arrest in Case Crime No. 160 of 2025, under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Gazipur, District Lucknow. As per the prosecution case, it is alleged that the father of the applicant, who was an employee of Mansarovar Urban Cooperative Bank and was working in the Indira Nagar Branch as Officer Grade-II, had embezzled public money and transferred the said amount into the accounts of his wife, his daughter (present applicant), and his brother. Learned counsel for the applicant submits that the applicant is an unmarried girl and has no criminal antecedents. The account in question was opened when the applicant was a minor; she had never operated the said account and was not even aware of its existence. Learned counsel submits that the applicant was neither the operator nor the beneficiary of any withdrawals made from the said account. The applicant undertakes to fully cooperate with the investigation. Learned A.G.A., on the basis of instructions, submits that a sum of Versus Counsel for Applicant(s) : Ram Kumar Singh Counsel for Opposite Party(s) : G.A. Kumari Santwana Pandey .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) Rs.27,00,000/- was deposited in the said account on various dates between the years 2017–2022. However, he could not point out from the record, at this stage, that any amount was ever withdrawn by the present applicant. Perused the record. Considering the fact that the applicant is an unmarried girl having no criminal history, and that prima facie the offence under Section 316(5) BNS appears to have been committed by the co-accused, namely Rajeev Pandey, father of the present applicant, and in view of the averments made in paragraph 11 of the application as well as the instructions received by the learned A.G.A. indicating that the applicant may not have made any withdrawals from the said account, coupled with the fact that the investigation is still in progress, and the undertaking of the applicant to cooperate in the investigation, this Court is of the considered view that the applicant is entitled to anticipatory bail. Accordingly, in light of the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, the anticipatory bail application is allowed, subject to the applicant’s continued cooperation with the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, with the following conditions: The applicant shall report to the investigating officer within ten days from today and shall cooperate in the investigation. He shall not influence any witness. 1. The applicant shall remain present as and when the arresting officer/I.O./S.H.O. concerned calls him for investigation/interrogation. 2. NABAIL No. 1994 of 2025 2 The applicant shall not leave India without prior permission of the Court. 3. December 12, 2025 Madhu D.R/P.S NABAIL No. 1994 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench