Neutral Citation No. - 2025:AHC:24718 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 909 of 2025 Applicant :- Sushila Pal Alias Sushila Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Vakalatnama has been filed today in the Court by Sri S. K. Tripathi, Advocate, on behalf of the informant, is taken on record. 2. Heard Sri Prashant Kumar Singh, learned counsel for the applicant, Sri S. K. Tripathi, learned counsel for the informant, learned AGA and perused the record. 3. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case No.888 of 2023, arising out of Case Crime No.258 of 2023, under Section 386, 323, 504, 506 I.P.C., Police Station- Chhibramau, District- Kannauj, till conclusion of trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is a lady. Allegation in the FIR, prima facie, discloses civil nature dispute. Civil suit is pending between the parties. Applicant challenged the FIR by filing Criminal Misc. Writ Petition bearing No.8546 of 2023 and Division Bench of this Hon'ble Court vide order dated 01.06.2023 passed interim order in favour of the applicants. I.O. has submitted charge sheet and court concerned has issued summon. It has been submitted that in case applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would co-operate in trial proceedings. 5. On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant. 6. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case. 7. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed. 8. Let the applicant- Sushila Pal @ Sushila Devi, who is involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:- i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court. ii. The applicant shall surrender her passport, if any, to the concerned trial Court forthwith. Her passport will remain in custody of the concerned trial Court. iii. That 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 from disclosing such facts to the Court or to any police officer; iv. The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant. v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law. vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against her in accordance with law. Order Date :- 20.2.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad