Neutral Citation No. - 2025:AHC-LKO:20937 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 400 of 2025 Applicant :- Radha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar,Suhail Kashif Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. In view of order being passed, notice to opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 344 of 2023 under Sections 308, 323, 504, 506 IPC, Police Station Manikpur, District Pratapgarh. 3. As per contents of First Information Report, the applicant alongwith co-accused are said to have inflicted injuries upon the family members of applicant on 13.12.2023 at about 09:00 PM resulting in serious injuries. 4. It has been submitted that applicant has been falsely implicated in the charges levelled against her only on account of previous enmity and that the allegations even ex facie only indicate a general role being assigned to all the accused except for Pappu and Sahdev. It is submitted that since provisions of Section 308 IPC have been imputed against the applicant, the aspect of sudden quarrel having taken place is not ruled out.It is submitted that applicant does not have any previous criminal history. 5. Learned AGA has opposed anticipatory bail application with the submission that the contents of FIR clearly indicate applicant having a general role in inflicting injuries upon the family members of informant which are corroborated by the injury report. It is, however, admitted that applicant does not have any previous criminal history and that charge-sheet has been filed with co-operation of applicant. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that only a general role has been assigned to the applicant of having inflicted injuries upon family members of applicant with main role being assigned Pappu and Sahdev. The aspect of imputation of Section 308 IPC would also require examination during the course of trial subject to evidence. 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 anticipatory bail to applicant under Section 438 Cr.P.C./482 BNNS. 7. In view of the above, it is provided that in the event of arrest, the applicant Radha 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 court 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. 8. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 9.The application stands disposed of. Order Date :- 15.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench