Neutral Citation No. - 2025:AHC-LKO:23461 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 360 of 2025 Applicant :- Chameli @ Ram Chameli Opposite Party :- State Of U.P. Thru Prin. Secy. Home Lucknow And Another Counsel for Applicant :- Prashant Dubey,Narsingh Yadav,Utkarsh Misra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.2- State and perused the record. 2. As per office report dated 23.04.2025, notice has been served upon opposite party no.2 who has not put in appearance. 3. This first anticipatory bail application has been filed with regard to Case Crime No.539 of 2022, under Sections 419, 420, 467, 468, 471, 447 I.P.C., Police Station Inayatnagar, District Ayodhya. 4. On 04.04.2025, the following order had been passed:- "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime No. 539 of 2022 under sections 419, 420, 467, 468, 471, 120B of IPC P.S. Inayat Nagar District - Ayodhya 4. Learned counsel for the applicant submits that the applicant has not committed any forgery. She was tenure holder of Gata No. 1603 and sold her share of land. Inadvertently incorrect boundaries were mentioned for which correction deed has been executed. Offences are triable by magistrate. 5. Learned counsel submits that co-accused Sachin Jaiswal as well as Sandeep Yadav @ Sandeep Kumar have been enlarged on bail vide orders dated 01.07.2024 and 04.02.2025 passed in criminal misc. bail application Nos. 6098/2024 and 6053/2024. 6. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute aforesaid facts as argued by the learned counsel for the applicant. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that co-accused persons have been enlarged on bail as indicated herein above and offences are triable by magistrate, as such, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNNS. 8. List this case on 24.04.2025 along with service report in top ten cases. 9. Objections may be filed in the meantime. 8. In view of the above, it is provided that in the event of arrest, applicant Chameli @ Ram Chameli shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to following conditions:- (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s)." 5. Learned AGA submits on the basis of instructions that investigation is still on going in which applicant is cooperating. In view thereof particularly in view of reasons indicated in order dated 04.04.2025, 6. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 7. In view of the above, it is provided that in the event of arrest, the applicant- Chameli @ Ram Chameli shall be released on anticipatory bail in the aforesaid Case Crime number on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/Investigating officer/S.H.O. following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 8. The application stands allowed. Order Date :- 24.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench