Neutral Citation No. - 2025:AHC-LKO:15020 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 54 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. Supplementary counter affidavit filed by learned AGA is taken on record. As per the office report, notice was issued that has been served upon the complainant. However, neither the complainant nor his counsel is present. In these circumstances, the Court is proceeding to hear this matter. 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 482 BNSS has been filed seeking anticipatory bail in case crime/F.I.R No.0184/2024, under Sections 316(5) of BNS, P.S. Jamo, District Amethi. From perusal of the order sheet, it appears that on 30.09.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No.0184/2024, under Sections 316(5) of BNS, P.S. Jamo, District Amethi. In the prosecution case it is alleged that a complaint was made by the local MLA requesting to enquire into the matter regarding the development work of NAREGA in the village. Consequently, an inquiry was conducted by five member committee de hors the provisions of law. Inquiry report was submitted. Thereafter, the recovery order was passed. It is submitted on behalf of the applicant that without following the due procedure and opportunity of hearing to the petitioner the recovery order has been passed and F.I.R. has been lodged. Learned counsel for the applicant submits that applicant is a lady and is not a previous convict. There is no material with the prosecution to allege the complicity of the applicant. Learned counsel for the applicant undertakes that applicant will cooperate in the investigation. He submits that charge-sheet in the case has not been filed. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit. List on 05.11.2024. Considering the above aspect of the matter, perusal of the record as well as the fact that applicant is a lady and not a previous convict and the applicant is undertaking to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, 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 shall be released on 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 shall report to the Investigating Officer within fifteen days and she 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. 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. The charge sheet has also been filed in this 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/ 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 :- 11.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench