HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 525 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present to press the application which is pending since 08.05.2025 and no request for adjournment has been made. Learned AGA for the State is present. 2. Therefore, the Court proceeds to examine the records and pass appropriate orders. 3. On 20.05.2025, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order:- "Heard learned counsel for applicant and learned A.G.A. for opposite party. Counter affidavit filed on behalf of State is taken on record. Learned counsel for applicant is granted liberty to implead the informant as opposite party No.2 and re-number the opposite party during course of day. First anticipatory bail application has been filed with regard to case crime No. 376 of 2024 under Sections 504, 308, 325, 323 IPC, P.S. Gola, District Kheri. As per contents of first information report, the incident is said to have taken place on 19th April, 2024 when the applicant alongwith her husband who is co-accused is said to have attacked and injured the informant. It has been submitted by learned counsel for applicant that he Versus Counsel for Applicant(s) : Dheeraj Srivastava Counsel for Opposite Party(s) : G.A. Mohini .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) has been falsely implicated in the allegations levelled against her and that a bare perusal of contents of F.I.R. and statement of injured clearly indicate an altercation breaking out on the spur of moment without any premeditation. It is submitted that applicant does not have any previous criminal history and has cooperated during investigation whereafter charge sheet was filed on 5th June, 2024. Learned A.G.A. has opposed bail application but does not dispute the fact that charge sheet was filed after cooperation of applicant during investigation. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that only general role of causing injury has been assigned to both the accused without any specific role being assigned to applicant. Injury report indicates fracture in the head of injured. However the aspect that the accused who caused such a fracture would be subject matter of evidence during course of trial. The applicant does not have any criminal history and is said to have cooperated during investigation whereafter charge sheet was filed. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. Let the accused-applicant Mohini as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. ABAIL No. 525 of 2025 2 (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. List this case on 3rd July, 2025 as fresh along with service report. Objections may be filed in the meantime." 4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet dated 18.12.2024. 5. The learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant. 6. In view of above, the interim order dated 20.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 20.05.2025. September 15, 2025 Pradeep/- ABAIL No. 525 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench