Neutral Citation No. - 2025:AHC-LKO:3190 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 25 of 2025 Applicant :- Arju Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Kanaujia Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Santosh Kumar Kanaujia, learned counsel for the applicant and Sri Diwakar Singh, learned A.G.A. for the State as well as Sri Bhupendra Nath Tripathi, advocate, who has filed vakalatnama on behalf of the opposite party No. 2/ informant. The same are taken on record. 2. Learned counsel for the applicant has stated that the applicant is apprehending her arrest in Case Crime No. 230 of 2024, under Sections 105, 115(2), 351(3), 352 B.N.S., Police Station- Khamaria, District- Lakhimpur Kheri. 3. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case as she has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein general allegations of assault and beating have been levelled against three accused persons including the present applicant. The applicant is the unmarried daughter of main accused who is in jail. In the FIR, specific role of beating brutally has been levelled against the father of the applicant namely Ajimuddin. Initially, one NCR bearing No.82/2024 was registered by the victim (since deceased) on 23.08.2024 but when the victim expired, the impugned FIR has been lodged. As per the statement of other witnesses, general allegations of assault and beating have been levelled against all accused persons but specific role of bearing brutally has been levelled against Ajimuddin who is in jail. 4. Learned A.G.A. for the State has informed that the applicant is not co-operating in the investigation, therefore, charge sheet has not been filed against the applicant. 5. Learned counsel for the opposite party No. 2/ informant has opposed the aforesaid prayer for bail and has submitted all the accused persons have beaten the victim (since deceased) brutally and on account of the serious injuries, the victim succumbed to death. 6. Learned counsel for the applicant has further stated that the present applicant is a lady, having her permanent residence, therefore, there is no flight risk and the learned counsel for the applicant undertakes on behalf of the applicant that she shall co- operate in the investigation proceedings and shall not misuse the liberty of anticipatory bail, if so granted by this Court. He further stated that in view of the dictum of Hon'ble Apex Court in re; Sushila Aggrawal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1, her liberty may be protected till conclusion of the investigation and filing of the police report. 7. Therefore, without entering into the merits of the issue and considering the fact that as per the statement of other witnesses, general allegations of assault and beating have been levelled against all accused persons but specific role of bearing brutally has been levelled against Ajimuddin who is in jail; the applicant is a lady; the undertaking of the applicant that she shall co- operate in the investigation and she shall not misuse the liberty of anticipatory bail, I find it appropriate that liberty of the applicant may be protected till completion of investigation and filing of police report in the light of the dictum of the Hon'ble Apex Court in re; Sushila Aggrawal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1. 8. It is further directed that in the event of arrest, applicant- Arju, shall be released on anticipatory bail in the aforesaid case crime number till completion of the investigation and filing of police report on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court/court concerned/arresting authority with the following conditions:- (i) that the applicant shall appear before the investigating officer on 24.01.2025 at 11:00 a.m. sharp to co-operate in the investigation, failing which the protection granted to her may be withdrawn and on the application of opposite party No. 2 or the State; (ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without prior permission of the court; (iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. This anticipatory bail application is disposed of in view of the above terms. (Rajesh Singh Chauhan,J.) Order Date :- 17.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench