Neutral Citation No. - 2025:AHC-LKO:7552 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2215 of 2024 Applicant :- Gudiya Sharma @ Km. Gudiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Dinesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 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 No. 36 of 2023, under Sections 498-A, 323, 328, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kohandaur, District Pratapgarh. The notice has been issued to the complainant/opposite party no. 2 and as per office report, the same has been served personally but no one is present for the complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 26.09.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "1. Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record. 2. The present anticipatory bail application has been filed by the applicant apprehending her arrest in Case Crime No.36 of 2023 under Section 498- A, 323, 328, 504, 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act 1961, Police Station Kohandaur, District Pratapgarh. 3. Learned counsel for the applicant submits that the applicant is unmarried Nanad of the victim. The allegations in the FIR are false. There is no corroborative evidence to attract offence under Section 328, 323 Indian Penal Code as the victim has denied to undergo medical examination. The applicant being lady is entitled for the protection under Section 437 Cr.P.C. It has been further submitted that co-accused Antima Sharma has been granted interim protection by this Court vide order dated 31.07.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 1706 of 2024. 4. Learned Addl. Government Advocate has opposed the prayer for anticipatory bail. 5. Issue notice to respondent No.2. 6. List on 23.10.2024. 7. On due consideration to the facts that the applicant is not a previous convict, she is a lady, refusal by the victim to undergo medical examination, charge-sheet has been filed, so also the fact that co-accused Antima Sharma has been granted interim protection, 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. 8. Till the next date of listing, it is provided that in the event of arrest, 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 concerned with the following conditions:- (i). that the applicant shall not leave India without the previous permission of the court; (ii). that the applicant shall not pressurize/ intimidate the prosecution witness; (iii). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (iv) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the anticipatory bail. Such other reasonable conditions which the learned trial court may deem fit may be imposed." From perusal of the order dated 26.09.2024, it transpires that the 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, Gudiya Sharma @ Km. Gudiya till disposal of the trial subject to the following conditions:- (i) that the applicant shall make herself 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 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 interim protection. Order Date :- 5.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench