HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 563 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. 2. Nobody is present on behalf of the applicant to press the instant application and no request for adjournment of the case has been made. Sri Satyendra Srivastava, the learned A.G.A for the State is present. 3. The applicant was granted anticipatory bail by means of the following order passed on 22.05.2025 by a Coordinate Bench of this Court: "Heard learned counsel for applicant and learned A.G.A. for State-opposite party Issue notice to opposite party No.2 First anticipatory bail application has been filed with regard to case crime No. 102 of 2021, under Sections 419, 420, 467, 468 & 471 IPC, P.S. Mankapur, District Gonda. As per contents of F.I.R., allegation levelled against the applicant is that when she was a member of gaon sabha, it was on the basis of her evidence that mutation entry was recorded pertaining to gata No. 3697 in favour of co- accused Smt. Anjana Devi who in fact was not a successor of original tenure holder Chottey son of Milan. Learned counsel for applicant submits that the applicant has been falsely Versus Counsel for Applicant(s) : Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A. Smt. Kiran Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And Another .....Opposite Party(s) implicated in allegations levelled against her and that mutation has been effected not only on the basis of her testimony but also on the basis of statements given by other villagers including the pradhan and that other evidences were also considered. It is submitted that applicant was not a beneficiary of the aforesaid mutation and had cooperated during investigation whereafter charge sheet was filed. Learned A.G.A. has opposed bail application with submission that at present non bailable warrant has been issued against the applicant. It is however admitted that applicant does not have previous criminal history. 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 that applicant has been implicated in the allegations levelled against her on account of the fact that she alongwith other persons is said to have given statement in favour of co-accused Anjana Devi on which basis mutation was accorded in her favour. Learned counsel for applicant has submitted that applicant was unaware with regard to process being issued due to which non bailable was issued against her and undertakes to cooperate during course of trial. 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 Smt. Kiran Devi 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. (ii) In case of default, it would be open for the investigating agency to move ABAIL No. 563 of 2025 2 application for vacation of this interim protection. List this case on 3th July, 2025 as fresh along with service report Objections may be filed in the meantime. " 4. The office has reported that notice issued to the opposite party no.2 has been served personally as per the information given by Chief Judicial Magistrate, Gonda through his letter dated 09.06.2025 but the opposite party no.2 has not come forward to oppose the anticipatory bail application. 5. 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 copy of the charge-sheet submitted on 09.10.2021. 6. 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 22.05.2025 granting anticipatory bail to the applicant. 7. In view of above, the interim order dated 22.05.2025 is made absolute and the anticipatory bail application is allowed. September 15, 2025 Preeti. ABAIL No. 563 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench