Court Cites Lack of Conclusive Evidence and Considers Gender in Bail Decision for Pooja Shakun Pandey
In a significant development, the Allahabad High Court has granted bail to Pooja Shakun Pandey, also known as Annapurna Bharti, who was accused of conspiring in a murder case. The decision was delivered by Justice Arun Kumar Singh Deshwal on April 13, 2026, in Criminal Misc. Bail Application No. 9959 of 2026.
The case pertains to the murder of the father of the first informant, who was shot dead by two unidentified motorcycle-borne individuals on September 26, 2025. The prosecution alleged the involvement of Pooja Shakun Pandey and her husband in the conspiracy. However, the court found that the evidence against Pandey was not conclusive enough to justify her continued detention.
The court took into consideration the specific roles attributed to the co-accused, Faizal and Asif, who were identified in CCTV footage and had firearms recovered upon their arrest. The applicant, being a woman, was entitled to the benefit of bail under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which was a significant factor in the court's decision.
Counsel for the applicant, Rahul Saxena, argued that the charges against Pandey were based on circumstantial evidence, such as mobile call records, which were insufficient to establish her involvement in the conspiracy. The defense also highlighted Pandey's clean record except for a few petty cases and her cooperation with the investigation.
On the contrary, the prosecution, represented by counsel Saksham Srivastava and Shekhar Gangal, opposed the bail application, citing additional calls made by Pandey's husband to the co-accused and statements from the applicant's brother alleging a motive of revenge.
Ultimately, the court decided to grant bail, imposing several conditions to ensure a fair trial and prevent any misuse of liberty. These conditions include prohibiting Pandey from intimidating witnesses or tampering with evidence, requiring her cooperation with the trial process, and forbidding her from engaging in criminal activities.
The court emphasized that the release would be facilitated through the Bail Order Management System (BOMS) to expedite the process, with a directive for the trial court to verify the applicant's identity and the sureties' credentials.
The decision reflects a balanced approach, considering both the lack of strong evidence and the applicant's gender, ensuring justice while upholding the principles of a fair trial.
Bottom Line:
Bail granted to a lady applicant accused of conspiracy in murder case, considering lack of conclusive evidence of involvement, her gender, and other relevant factors.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 480
Pooja Shakun Pandey @ Annapurna Bharti v. State of U.P., (Allahabad) : Law Finder Doc id # 2883156
