POONAM PALversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 4134 of 2025

Poonam Pal
                                                            .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)               :    Ashutosh Gupta
Counsel for Opposite Party(s)          :    Ashok Kumar Singh, G.A.

Court No. - 68
                 HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri N.I. Jafri, learned Senior Counsel assisted by Shri Ashutosh
Gupta, learned counsel for the applicant, Shri Arimardan Yadav, learned
AGA for the State-respondents and Shri Ashok Kumar Singh, learned
counsel for the informant. Perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, seeking
enlargement on bail in Case Crime No. 24 of 2023, under Sections 406, 419,
420, 467, 468, 471 I.P.C., Police Station Soraon, District Commissionerate,
Prayagraj during the pendency of the trial before the Court below.

The bail application of the applicant before the court below was rejected by
learned learned Additional Sessions Judge, Court No. 15, Allahabad vide
order dated 10.01.2024 and the applicant is languishing in jail since
04.02.2023.

Shri N.I. Jafri, learned Senior Counsel appearing for the applicant
vehemently argued that the applicant is entirely innocent and has been
falsely implicated in this very case crime number for ulterior motives. The
F.I.R. has been lodged after an inordinate and unexplained delay of two
years nominating the applicant and one Banshidhar Singh with the allegation
interalia that the applicant executed a sale deed of a Plot No. B-29 situated
in Gata No. 416 admeasuring 92.94 sq. meters even though the applicant
was not the owner thereof. When the informant asked co-accused
Banshidhar Singh to settle the dispute, he handed over a cheque bearing no.
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                                    2


158108 of IDBI Bank of Rs. 7,00,000/- (Seven Lakh), which was
dishonored. The sale deed was got executed by the applicant in the capacity
of Director of Obedient Infra Development Pvt. Ltd. It is argued that the
applicant had earlier purchased a land admeasuring 0.1140 Hectares in Gata
No. 416 from one Gyanendra Singh POA of Khushnawati Devi w/o Mahesh
Pratap and further negotiations were underway to purchase further land. It is
further argued that the applicant has not cheated the informant nor
dishonestly induced him to deliver any property to him. The applicant has
not done any act of forgery of valuable security and the ingredients of
sections 406, 419, 420, 467, 468, 471 I.P.C. are not attracted. The present
dispute is purely civil in nature and has been given the colour of criminality.
The criminal history of the applicant has been explained in para no. 31 of the
bail application. The applicant undertakes to co-operate with the trial and is
not a flight risk. She undertakes not to misuse the liberty of bail if enlarged
on bail. It is further submitted that charge-sheet against the applicant has
already been filed and further custodial interrogation of the applicant is no
longer required. The applicant is also entitled to the benefit of Section 480
B.N.S.S. being a lady. Hence, bail is prayed for.

Per contra, learned A.G.A. as well as counsel for the informant have
vehemently opposed the bail plea by submitting that the complicity of the
applicant is established from the material collected by the I.O. during the
investigation. It is also argued that the applicant has a large history of
criminal cases to her credit. However, they contended they could not
controvert the submissions of learned counsel for the applicant.

Having heard the respective counsels for the parties and having perused the
records, I find that a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Poonam Pal, involved in above mentioned case
crime number be released on bail, on her executing a personal bond and
two reliable sureties each, in the like amount to the satisfaction of the court
concerned, subject to the following conditions:

1. The applicant will not tamper with the evidence.
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                                    2. The applicant will not indulge in any criminal activity.

                                    3. The applicant will not pressurize/intimidate the prosecution witnesses and co-
                                    operate in the trial.

                                    4. The applicant will appear regularly on each and every date fixed by the trial court,
                                    unless her personal appearance is exempted through counsel by the court concerned.

                                    In the event of breach of any of the aforesaid conditions, the court below
                                    will be at liberty to proceed to cancel her bail.



                                                                                                  (Ashutosh Srivastava,J.)
                                    March 31, 2026
                                    Vibha Singh




Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad