Neutral Citation No. - 2025:AHC-LKO:7329 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2268 of 2024 Applicant :- Krishna Devi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Applicant :- Rakshit Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. From perusal of the order sheet, it transpires that on 04.10.2024, the notice was issued to complainant/ informant/ opposite party no.2 and as per the office report the same has also been served but no one is present for the opposite party no.2. Further, the State has also not filed the counter affidavit, therefore, prima facie, it seems that the State has chosen not to file the counter affidavit. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 3. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in case crime/FIR No. 632/2017, under Sections 419/420/467/468/471 I.P.C., P.S. Nanpara, District Bahraich. 4. From perusal of the order sheet, it appears that on 04.10.2024, the following order was passed:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 632/2017, under Sections 419/420/467/468/471 I.P.C., P.S. Nanpara, District Bahraich. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant is a bonafide purchaser. She is a lady. The applicant has no criminal antecedents. Offences are triable by magistrate. The dispute is primarily civil in nature. She has no role to play in impersonation of the seller. Charge sheet has been filed in this case. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. Issue notice to respondent No. 2. Steps be taken within a week. Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 08.11.2024. On due consideration to the argument advanced as well as perusal of the record and the fact that the applicant is a bonafide purchaser; offences are triable by magistrate; dispute primarily appears to be civil in ature; the applicant is not a previous convict and having no criminal history and also considering 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, as an interim measure, 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 shall surrender before the trial court within twenty days from today. (2) The applicant shall cooperate in the trial and he will not influence the witnesses. (3) The accused-applicant will remain present on each and every date fixed by the trial court. (4) The applicant shall not leave India without previous permission of the Court. " 5. From perusal of the order dated 04.10.2024, 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 thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. 6. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Krishna Devi 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. 7. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 4.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench