HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2291 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. 2. None present on behalf of the applicant to press the application nor any slip for pass over or adjournment of the case has been sent. Sri Manish Vikram Singh Chauhan, the learned A.G.A. is present on behalf of the State. 3. The applicant was granted interim anticipatory bail by means of the following order passed by a coordinate Bench of this Court on 03.10.2024: "1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.167 of 2020 under sections 147, 148, 149, 307, 452, 323, 324, 427, 452, 504 I.P.C., P.S. Gadaganj, district Raebareli. 2.Heard learned counsel for the applicants and learned Additional Government Advocate for the State. 3.Learned counsel for the applicants submits that the applicants are married ladies having no criminal history. Simply because the applicant No.2 lodged the first information report against the informant and his family members earlier, they have been falsely roped in this case. During investigation, their names were dropped. However, on the basis of the statements of P.W.1 and P.W.2, they have been summoned under section 319 CrPC. It is submitted that a perusal of the cross-examination of two prosecution witnesses 1 and 2 Versus Counsel for Applicant(s) : Ajay Kumar Singh Counsel for Opposite Party(s) : G.A. Ram Kumari And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy, Home Deptt. Lko.And .....Opposite Party(s) shows that they have been named by them due to enmity. It is a case of false implication. Learned counsel for the applicants undertakes that the applicants shall cooperate in the trial. 4.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. 5.Issue notice to respondent No.2. 6.List on 7.11.2024. In the meantime, learned A.G.A. shall file objections/counter affidavit. 7.Considering the above aspects of the matter, the fact that the applicants have no criminal history, the undertaking given on behalf of the applicants that they will cooperate in the trial, the fact that the names of the applicants were dropped while filing charge sheet, the applicants are ladies, perusal of the record, 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 protection to the applicant under Section 438 Cr.P.C. 8.In view of the above, it is provided that in the event of surrender by the applicants within 20 days from today before the concerned court, the applicants shall be released on anticipatory bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. 9.The applicants shall cooperate in the trial and they will not influence the witnesses. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law." 4. The State has filed a counter affidavit. The office has reported that the notice issued to the opposite party no.2 has been served personally, but the opposite party no.2 has not put in appearance to oppose the anticipatory bail ABAIL No. 2291 of 2024 2 application. 5. The learned A.G.A. could not point out any misuse of interim anticipatory bail granted to the applicant. No material has come to light which may persuade this court to take a view different from the one taken by the coordinate Bench. 6. In view of above, the interim order dated 03.10.2024 is made absolute and the anticipatory bail application is allowed. September 17, 2025 Ram. ABAIL No. 2291 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench