Neutral Citation No. - 2025:AHC-LKO:14885 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 305 of 2025 Applicant :- Shabbo Begam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No. 229 of 2018, under Sections 175, 176, 353, 504, 506 I.P.C., Police Station Kotwali Nagar, District Bahraich. It is argued by learned counsel for the applicant that the applicant is a woman and she was not involved in committing offence as narrated in the FIR. He submits that if the allegation levelled in the FIR assumed to be correct, the same constitute misconduct i.e. by the offence. He also submits that the departmental inquiry was also conducted wherein the disciplinary authority vide order dated 07.12.2021 had awarded adverse entry in the record of the applicant. He also submits that the applicant has cooperated in the investigation proceedings and charge sheet has been filed and as such there is no requirement of custodial interrogation. He also concluding his argument and submits that the applicant has no previous criminal history and she is a government employee and therefore, there is no possibility that she will flee away from any criminal proceedings. Thus, submission is that she may be enlarged on anticipatory bail. Learned counsel appearing for the State has opposed the contention aforesaid and submits that the applicant is not entitled for any relief. Considering the submission of counsel for the parties and after perusal of record particularly the inquiry conducted by the Department as well as the fact that the charge sheet has been filed, this Court do not find requirement of any further custodial interrogation. Learned counsel for the State has also failed to undertake regarding the non-cooperation of the applicant in the investigation proceedings and this Court has also noticed that the applicant is a government employee and there is no previous criminal antecedent of the applicant. This is a fit case for grant of anticipatory bail, consequently, the anticipatory bail application is granted to the applicant- Shabbo Begam on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. She shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against her, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 11.3.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench