Neutral Citation No. - 2025:AHC-LKO:41950 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 802 of 2025 Applicant :- Gudiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicants their arrest in Range Case No. 01/2017-18, U/s 2, 9, 27, 30, 31, 32, 35 (6), 51(1), wild life protection act and section 26, Indian Forest Act, Range Bankati, District Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the respondents. Learned counsel for the applicant submits that the applicant is a woman belonging to the Tharu Tribe, which falls under the Scheduled Tribe category. It is contended that the alleged incident is said to have occurred on 08.04.2017, however, the complaint was lodged on 28.08.2017, without there being any explanation of the delay. In the complaint seven persons have been named, however, source of identification of those seven persons inside the jungle has not been disclosed. It is asserted that the applicant has been falsely implicated. Furthermore, no summons has been received by the applicant. A specific plea to this effect has been made in paragraph no. 29 of the bail application. The applicant undertakes to cooperate with the trial proceedings and has also explained her criminal antecedents in paragraph no. 21 of the bail application. Learned A.G.A. has opposed the anticipatory bail application. On due consideration the facts that the offences alleged are triable by a Magistrate, the applicant is a woman, and in view of the undertaking given on her behalf to cooperate during the trial, this Court is of the view that the applicant deserves to be granted anticipatory bail. This view is also supported by the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to her continued cooperation with the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon her surrender, the trial court shall release her on anticipatory bail, subject to her furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 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. In view of the aforesaid, the application is allowed. Order Date :- 22.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench