Neutral Citation No. - 2025:AHC-LKO:28887 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 535 of 2025 Applicant :- Usha Mishra (In F.I.R Usha Devi) Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vijay Nath Pandey 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 opposite party no.1. 2. In view of order being passed, notices to opposite party no.2 stand dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.148 of 2023, under sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Nagar, District Gonda. 4. As per contents of first information report, allegation levelled is of fabrication of a will deed dated 01.07.1970 allegedly executed by one Vishwanath Mehrotra in favour of one Salik Ram Singh. The applicant is shown as mother-in-law of the main accused Brijesh Kumar Awasthi. 5. It is submitted that applicant has been falsely implicated in allegation levelled against her only on account of the fact that she is mother-in-law of the main accused Brijesh Kumar Awasthi. It is submitted that there is no specific allegation levelled against her. It is also submitted that the applicant is willing to cooperate in the investigation which is still ongoing. 6. Learned Additional Government Advocate has opposed anticipatory bail but does not dispute the facts except the fact that applicant is a co-conspirator. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that there is no specific allegation levelled against the applicant in the FIR with regard to alleged forgery of the will deed. She has been nominated only on account of being mother-in-law of the main accused Brijesh Kumar Awasthi. The applicant has explained previous criminal history and is willing to cooperate in the investigation. 8. 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 under section 173(2) Cr.P.C. in view of dictum of Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1. 9. In view of the above, it is provided that in the event of arrest, applicant Usha Mihsra 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:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicants 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. 10. The application stands disposed of. Order Date :- 16.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench