Neutral Citation No. - 2025:AHC-LKO:25715 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 489 of 2025 Applicant :- Madhuri Devi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Rakesh Devi Prasad Kumar,Pragati Mehrotra,Sumedha Sen,Swati Singh 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. First Anticipatory Bail Application has been filed with regard to Case Crime no.36 of 2006 under Sections 467, 468, 471 and 420 IPC., P.S. Kotwali Nagar, District Pratapgarh. 3. As per contents of first information report, applicant has allegedly procured employment on the basis of a forged mark sheets. 4. It has been submitted that applicant has been falsely implicated in charges levelled against her and that only allegation has been levelled of mark sheet submitted by applicant being forged. It is submitted that there is no active determination with regard to such forgery having been taken place till date. It is submitted that applicant is a lady and was unaware of any summons having been issued to her by court concerned and has not received any such summon. 5. Learned Additional Government Advocate has opposed anticipatory bail with submission that charge sheet in the matter was filed way back in year 2008 whereafter summons were issued but due to non-appearance of applicant, a bailable warrant has been issued against her. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that allegation levelled against applicant is of having procured employment on the basis of forged mark sheet. The said aspect would require consideration during course of trial through evidence. It appears that bailable warrant has been issued against applicant for the first time on 23.12.2024. It is admitted that applicant does not have any previous criminal history. Learned counsel for applicant states that applicant undertakes to cooperate during course of trial. 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 BNSS. 7. In view of the above, it is provided that in the event of arrest, applicant Madhuri Devi 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 :- 5.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench