Neutral Citation No. - 2025:AHC-LKO:10367 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2276 of 2024 Applicant :- Uma Devi @ Kalawati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Dileep Kumar Pathak 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.0009 of 2018, under Sections 419, 420, 467, 468, 471 and 120-B IPC, Police Station Kotwali Nagar, District Gonda. From perusal of the order sheet, it appears that on 01.10.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.0009/2018, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Kotwali Nagar, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case it is alleged that applicant in connivance with the co-accused persons is alleged to have got mutated Gata No.1030/3.69 acres land on the basis of forged documents and thereafter, it is further alleged that the land has been transferred to co-accused. Learned counsel for the applicant submits that applicant has cooperated in the investigation. The Investigating Officer himself has recorded a finding that applicant is too old and cannot walk. Applicant is a lady aged about 85 years. The offences are triable by magistrate. She has been falsely implicated. She is incapable of committing any offence. The charge-sheet in the case has been filed. Applicant was not arrested during investigation. Learned counsel for the applicant further undertakes that the applicant shall cooperate in the trial. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 06.11.2024. On due consideration to the argument advanced as well as perusal of the record and the fact that applicant is a lady aged about 85 years, during investigation she has cooperated and was not arrested so also the judgment passed by Supreme Court in the case of Mahdoom Bava vs. C.B.I. reported in 2023 SCC OnLine SC 299 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. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:- (1) The applicant shall cooperate in the trial and he will not influence the witnesses. (2) The accused-applicant will remain present on each and every date fixed by the trial court. (3) The applicant shall not leave India without previous permission of the Court. " From perusal of the order dated 01.10.2024, 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, Uma Devi @ Kalawati 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 protection. Order Date :- 17.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench