HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 540 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Suyesh Pradhan, the learned counsel for the applicant, Sri Satyendra Srivastava, learned A.G.A. appearing on behalf of the State and perused the records. 2. The applicant was granted anticipatory bail by means of the following order passed on 19.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant and learned A.G.A. for State-opposite party. 2. Learned counsel for the applicant is granted liberty to implead the complainant as opposite party no.2 and to renumber the opposite parties during course of the day. 3. First anticipatory bail application has been filed with regard to case crime No. 72 of 2021, under Sections 323, 504, 506 & 308 IPC, P.S. Mishrikh, District Sitapur. 4. As per contents of F.I.R., the applicant and co-accused are said to have attacked and inflicted injuries upon the informant and his family members on 15.02.2021. 5. It is submitted that applicant has been falsely implicated with regard to sections impugned against her and that a perusal of FIR itself would indicate that an altercation had ensued on spur of movement with only simply injuries being indicated in the medical report. It is submitted that charge sheet in the matter has been filed and applicant undertakes to cooperate in trial. 6. Learned A.G.A. however has opposed the bail application but does not dispute the aforesaid facts. It is admitted that applicant does not have any previous criminal history. Versus Counsel for Applicant(s) : Suyesh Pradhan Counsel for Opposite Party(s) : G.A. Kamini Devi @ Kamini Sharma .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 7. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears from perusal of FIR that an altercation had ensued on spur of movement without any premeditation. Simple injuries are said to have been suffered due to altercation. The applicant undertakes to cooperate during the process of trial. 8. 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. 9. Let the accused-applicant Kamini Devi @ Kamini Sharma 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. 10. 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 she 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. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 11. Issue notice to newly added opposite party no.2. 12. List this case on 10th June, 2025 as fresh along with service report. 13. Objections may be filed in the meantime." 3. The office has reported on 09.06.2025 that the notice has been served personally on the opposite party no.2 but the opposite party no.2 has not put in appearance to oppose the anticipatory bail application. 4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation but there is no allegation of misuse of the liberty of granting interim anticipatory bail to the applicant. The learned A.G.A has submitted that the investigation stands concluded and a charge- sheet has already been submitted on 26.02.2021. ABAIL No. 540 of 2025 2 5. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate bench of this Court on 19.05.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 19.05.2025 is made absolute and the anticipatory bail application is allowed. September 15, 2025 Preeti. ABAIL No. 540 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench