Pooja Singh and 2 Others vs State of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2841 of 2024

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Pooja Singh And 2 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. U.P. And Another .....Opposite Party(s) Counsel for Applicant(s) : Santosh Kumar Yadav, Prateek Pal Singh Counsel for Opposite Party(s): G.A. Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Santosh Kumar Yadav, the learned counsel for the applicant and Shri Manish Kumar Pandey, the learned AGA for the State.

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On 03.01.2025, after hearing learned counsel for the applicant and learned A.G.A. for the State, a co-ordinate Bench of this Court had passed the following order:

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"Heard learned counsel the applicants and learned A.G.A. for the State.

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The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No.133/2018, under Sections 420, 409, 166 & 506 I.P.C., P.S. Ikauna, District Sharavasti.

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Learned counsel for the applicants submits that the applicant No.1 is a lady, applicant Nos.1 and 2 are named in the F.I.R. Applicant No.3 is not named in the F.I.R. The co-accused persons namely, Vittan Shukla, Arun Kumar Shukla, Ananad Prakash Verma, Saurabh Tripathi have been granted bail by this Court vide order dated 11.09.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1617 of 2024. The role of the applicants is similar to that of co-accused persons except the fact that applicant Nos.1 and 2 are named in the F.I.R. and are Secretary in the concerned society. The offences are triable by magistrate. Applicants have no criminal history.

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It is lastly submitted that offence under Sections 420 and 409 IPC could not be conducted simultaneously in view of the judgment passed by Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. & Ors. vs. State of Uttar Pradesh & anr. ; Criminal Appeal No.3114 of 2024.

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Learned counsel for the applicants undertakes that applicants will cooperate in the investigation.

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Learned Addl. Government Advocate prays for and is allowed two weeks' time to file counter affidavit.

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ABAIL No. 2841 of 2024

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2

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List on 21.01.2025.

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Considering the above aspect of the matter, perusal of the record as well as the bail order of aforesaid co-accused persons, role assigned to the present applicant and the fact that they have no criminal history and the undertaking given by learned counsel for the applicants, offences are triable by magistere as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicants.

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Till the next date of listing, it is provided that in the event of arrest, the applicants-Pooja Singh, Hari Sharan Singh and Husna Bano shall be released on bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicants shall cooperate in the investigation and they will not influence the witness. The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court.

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In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."

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The State has filed a counter affidavit annexing therewith copies of material collected during investigation, including the statement of the applicant.

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The learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

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In view of above, the interim order dated 03.01.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid interim order.

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September 23, 2025 -Amit K-

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(Subhash Vidyarthi,J.)

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Pooja Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. U.P. and Another

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Pooja Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. U.P. and Another

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