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2025 DAILYLAW 195441 (ALL)

PRIYA MISHRA @ TANVI PATHAK AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1669/2025 · 2025-11-10

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. - 1669 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.361 of 2024 under sections 316(2), 318(4) BNSS, as written in the memo of bail, (though it should be BNS), P.S. Vibhuti Khand, district Lucknow. 2.Heard learned counsel for the applicants and learned Additional Government Advocate for the State. 3.It is alleged in the first information report that the complainant came in contact with the accused applicants through Facebook advertisement of VISA SPOT where allegedly, on the pretext of providing job in Kuwait, a forged letter was provided by the co-accused Tanya. It is alleged that on 11.7.2024 at about 3.43 p.m., the complainant was taken to Zenom Pathlab for medical examination after giving Rs.10,000/- through UPI to the account of Balinder Pal. It is further alleged that Rs.1,40,000/- has been taken in instalments in lieu of providing ticket (though fake) from Delhi to Kuwait to the complainant. Thereafter, on 17.9.2024, when the complainant visited the office of VISA SPOT, no one was present there. It is also alleged that the aforesaid forgery has been done with 35 other persons also which caused financial and mental damage to the complainant. Versus Counsel for Applicant(s) : Devashish Bhatt Counsel for Opposite Party(s) : G.A. Priya Mishra @ Tanvi Pathak and Pratik Tiwari alias Shivam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 4.Learned counsel for the applicants submits that the applicants are innocent, having no criminal antecedent. The allegations in the prosecution case are utterly vague. No specific role has been assigned to the applicants. Learned counsel for the applicants undertakes that the applicants shall cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. 6.Considering the above aspects of the matter, the fact that the applicants have no criminal history, the undertaking given on behalf of the applicants that they will cooperate in the investigation/trial, investigation is going on, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7.In view of the above, it is provided that in the event of arrest, the applicants shall be released on anticipatory bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer. 8.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law. November 10, 2025 kkb/ NABAIL No. 1669 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench