Neutral Citation No. - 2025:AHC-LKO:8697 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2126 of 2024 Applicant :- Savita Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Lakshmana Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. The notice was issued to opposite party no. 2 and as per office report, the same has been served personally but no one is present on behalf of the complainant. Under the aforesaid circumstances, the Court is proceeding in the matter. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime 0211 of 2024, under Section 316(5) of BNS, 2023, Police Station Jamo, District Amethi. From perusal of the order sheet, it appears that on 17.09.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "The present application has been filed by the applicant seeking anticipatory bail in F.I.R. No.0211 of 2024 under Section 316(5) Bhartiya Nyaya Sanhita 2023, Police Station Jamo, District Amethi. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Issue notice to respondent no.2. Steps be taken within one week. Learned counsel for the applicant submits that FIR in question has been lodged pursuant to the order dated 15.6.2024 issued by District Magistrate Amethi. The order dated 15.6.2024, which is on record as Annexure-9 to the bail application, has already been stayed by this Court vide order dated 28.6.2024 passed in Writ Petition No.4857 of 2024, Ravendra Srivastava vs. State of U.P. He submits that very genesis and basis of the F.I.R. has been stayed by the High Court and the matter is still subjudice. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel and prays for two weeks' time to file Counter Affidavit. Perused the record. On due consideration to the facts that the offence is triable by Magistrate, undertaking that the applicant shall cooperate in the investigation, stay order dated 28.6.2024 (surpa), the applicant is a lady, 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. Till the next date of listing, it is provided that in the event of arrest, the applicant Savita Singh shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and she will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within fifteen days' from today and 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. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. List on 15.10.2024. In the meantime, learned A.G.A. shall file objections/counter affidavit." From perusal of the order dated 17.09.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly 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 proceeding 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, Savita Singh 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 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 interim protection. Order Date :- 10.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench