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2025 DAILYLAW 29968 (ALL)

SMT. ARCHANA PATHAK v. STATE OF U.P.

NABAIL/2529/2025 · 2025-04-03

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47300 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2529 of 2025 Applicant :- Smt. Archana Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 405 of 2021, under Sections 420, 406, 506 of I.P.C., Police Station- Kotwali Nagar, District- Etah. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was an employee of the J.K.V. Multi States Credit Cooperative Society. No amount was credited in the bank account of the applicant. The applicant is not the beneficiary of the transaction. The investigation is still pending. The applicant is a lady and she has apprehension of her arrest. In case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 5. Learned AGA has opposed the prayer for anticipatory bail and submits that the applicant was one of the Directors of the aforesaid society in the year 2014 and one of the main accused. She embezzled rupees of innocent investors in connivance with her husband (co-accused), Gyanesh Pathak and others. 6. After having heard learned counsel for the parties and having perused the record, this court prima facie finds that the applicant was one of the Directors of the J.K.V. Multi States Credit Cooperative Society. The money was deposited by the applicant and other investors in the bank account of the Society with the promise that they would get higher returns. After the expiry of the period of maturity, the said amount was not returned. Failure to pay the maturity amount suggests that the applicant had an dishonest intention from the very beginning to cheat the informant and the investors. Further, the applicant has a criminal past and similar types of offences are also registered against her. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence the application is hereby rejected leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 4.4.2025/Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad