Neutral Citation No. - 2025:AHC-LKO:14699 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1911 of 2024 Applicant :- Pranjali Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Shamshad Ahmad Khan,Rajiv Raman Srivastava Counsel for Opposite Party :- G.A.,Apoorv Pandey,Gyanendra Kumar Pandey Hon'ble Shree Prakash Singh,J. Case is called out. None is present on behalf of the complainant. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Case Crime No.82 of 2024 under sections 323, 504, 506, 448, 420, 467, 468, 471, 34, 120-B I.P.C., P.S. Jankipuram, district Lucknow Northern (Commissionarate Lucknow). From perusal of the order sheet, it appears that on 23.08.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.82 of 2024 under sections 323, 504, 506, 448, 420, 467, 468, 471, 34, 120-B I.P.C., P.S. Jankipuram, district Lucknow Northern (Commissionarate Lucknow). 2.Heard learned counsel for the applicant, complainant's counsel who has filed counter affidavit which is taken on record, and learned Additional Government Advocate for the State. 3.It is alleged that garage was given by the complainant to the co-accused Salil Srivastava in the year 2016-17 which was operated by the applicant for the last two years. It is further alleged that when the complainant demanded rent from both of them, they hurled abuses and also drove the complainant away by pelting bricks and stones. They have further threatened the complainant not to come to the garage. They have illegally encroached the garage of the complainant. 4.It is submitted that the co-accused Salil Srivastava has been granted bail vide order dated 6.8.2024 passed by this Court in Bail No.8430 of 2024. Main allegation is upon him. The applicant is a lady. The dispute is primarily of civil nature. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate and complainant's counsel have opposed the prayer. The complainant's counsel submitted that the plot of the complainant has been shown by the applicant by committing forgery in her sale deed of plot gata No.164. 6 perusal of the case diary and report of Lekhpal shows that prima facie, dispute is of civil nature. The offences are triable by Magistrate. The applicant has no criminal history. 7.Issue notice to respondent No.2. 8.List on 13.9.2024. Objections/counter affidavit be filed, in the meantime. 9.Considering the above aspects of the matter, perusal of the record, the fact that the applicant who is a lady has no criminal history, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. 10. Till the next date of listing, it is provided that the applicant shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses. Any other condition which the trial court may deem fit and proper may also be imposed. 11. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. " State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Pranjali Mishra till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 10.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench