Neutral Citation No. - 2025:AHC-LKO:29020 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 372 of 2025 Applicant :- Smt. Pooja Yadav @ Pooja Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Shivam,Abhishek Misra,Satendra Kumar (Singh) Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Counter affidavit filed today is taken on record. Heard learned counsel for applicant and learned A.G.A. for State. First anticipatory bail application has been filed with regard to case crime No. 82 of 2024 under Sections 323, 504, 506 IPC & 3(1)(r), (s), SC/ST Act, P.S. Para, District Lucknow. As per report dated 25th April, 2025 by the Chief Judicial Magistrate Lucknow, the opposite party No.2 has been personally served but has not put in appearance. Earlier vide order dated 8th April, 2025, interim anticipatory bail had been granted to the applicant, which is as follows:- "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1-State. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.82 of 2024 under Sections 323, 504, 506 I.P.C. & 3(1)(r),(s) SC/ST Act, P.S. Para, Lucknow. 4. As per contents of first information report, the informant and and one Satya Prakash, husband of applicant were in a relationship prior to their respective marriages but subsequently the said person sought to blackmail the informant for purposes of re-establishing physical relations. 5.Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against her and that in fact a bare perusal of F.I.R. will indicate that entire gist of allegations is against said Satya Prakash. It is submitted that there is no averment either in F.I.R. or in statement of informant recorded under Section 161 Cr.P.C. which would attract the provisions of SC/ST Act against applicant who does not have any previous criminal history. 6.Learned Additional Government Advocate has opposed anticipatory bail but does not dispute aforesaid aspect. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that entire gist of F.I.R. is against the said Satya Prakash and not the applicant. There does not appear to be any allegation against applicant with regard to applicability of SC/ST Act. It is admitted by learned Additional Government Advocate that applicant does not have any previous criminal history. Thus, 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 interim protection to the applicant under Section 438 Cr.P.C./482 BNNS. 8.List this case on 28.04.2025 among top ten cases along with service report. 9. Objections may be filed in the meantime. 10. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Smt. Pooja Yadav @ Pooja shall be released on bail on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed." It has been submitted by learned A.G.A. that subsequently charge sheet in regard to allegations levelled has already been filed with cooperation of applicant. From perusal of counter affidavit, there is not appear to be any situational difference from the date when interim anticipatory bail had been granted to the applicant. In view thereof, interim anticipatory bail granted earlier to the applicant vide order dated 8th April, 2025 is hereby made absolute. In view of the above, it is provided that in the event of arrest, the applicant- Smt. Pooja Yadav @ Pooja shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. The application stands allowed. Order Date :- 16.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench