Poonam Pandey v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14005 of 2022 Applicant :- Poonam Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Mishra,Farooq Ayoob,Manisha Jha,Piyush Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Diwaker Singh, the learned counsel for the applicant as well as Sri Rajeev Kumar Verma, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.933 of 2022, under Section 419, 420, 467, 468, 471, 120B I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 17.09.2022 against two persons, not including the applicant, alleging that the informant is a Chief Administrator Officer of Oiko Shreem Infratech Pvt. Ltd. The aforesaid company had entered into an agreement with Rajput Enterprises, through its partners Dharmendra Singh and Satish Kumar Verma for purchasing 50 bighas agricultural land. On 30.10.2021, a sale deed in respect of 0.19475 hectare was executed by the company but later on came to know that the company had no title in respect of the property sold.

¶4A supplementary affidavit has been filed on behalf of the applicant disclosing her involvement in four other cases, in two of which the applicant has already been granted bail.

¶5The learned counsel for the applicant has submitted that co-accused Kuldeep Yadav, has already been granted bail by means of an order dated 04.04.2023 passed by this Court in Criminal Misc. Bail Application No. 4522 of 2023.Co-accused Dharmendra Singh @ Sonu has been grnated bail by this Court by means of the order dated

15.09.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.3086 of 2023.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR and she has been implicated on the basis of statement of one of the co-accused persons, Dharmendra Singh @ Sonu who has already been granted bail in the present case, the applicant is a woman and she has been languishing in jail since 10.10.2022, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Poonam Pandey be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 2.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench