Neutral Citation No. - 2025:AHC-LKO:25277 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 467 of 2025 Applicant :- Asha Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Mishra,Anubhav Awasthi,Divya Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party-State. 2. First anticipatory bail application has been filed with regard to case crime No.111 of 2011, under Section 3/7 Essential Commodities Act and Sections 406, 420 IPC, Police Station Safdarganj, District Barabanki. 3. As per contents of first information report, the incident is said to have taken place on 11.03.2011 at about 09.00 P.M. when a police team alongwith other officer are said to have intercepted a truck laden with food grain for public distribution. Allegation levelled is that the aforesaid food grains were in fact being unloaded for purposes of black marketing instead of being sent for their appropriate distribution. Allegation levelled against applicant is that applicant was owner of one of trucks bearing no.U.P.-41T/2266. 4. It has been submitted by learned counsel for applicant that she has been falsely implicated in charges levelled against her particularly in view of the fact that although she was the licensee of transportation for public distribution system but has been not apprehended from the spot and was unaware with regard to black-marketing of the food-grains although it is admitted that applicant is owner of one of the truck which were apprehended. It is submitted that applicant was unaware with regard to charge-sheet having been filed in the year 2012 nor was aware of the any warrant being issued against her. 5. Learned A.G.A. has opposed anticipatory bail application with the submission that charge-sheet in the matter was filed in the year 2012 whereafter non-bailable warrants have been issued against applicant due to her non-cooperation during course of trial. It is however admitted that applicant does not have any previous criminal history and her licence for such transportation has subsequently been cancelled. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that sole allegation levelled against applicant is of being owner of truck which was apprehended on the allegation of black- marketing of food-grains which were required to be distributed under the Public Distribution System. It is also admitted that applicant does not have any previous criminal history. Learned counsel for applicant has also provided an undertaking of applicant that she shall cooperate during the course of trial. 7. Without expressing any opinion of merits of the case, 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 BNSS. 8. In view of the above, it is provided that in the event of arrest, applicant Asha Mishra 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/her from disclosing such facts to the court or tamper with the evidence; (ii) The applicant(s) shall not leave India without the previous permission of the court; (iii) The applicant(s) shall not pressurize/intimidate the prosecution witness; (vi) The applicant(s) 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. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his/her independent opinion based on the testimony of the witnesses. 10. The application stands disposed of. Order Date :- 1.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench