Neutral Citation No. - 2025:AHC-LKO:789 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2275 of 2024 Applicant :- Raibunnisha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Ravi Singh,Suresh Kumar Singh Counsel for Opposite Party :- G.A.,Kartikeya Yadav,Sunil Kumar Singh Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in FIR No. 286/2012, under Sections 419/420/467/468/471/504/506 IPC, P.S. Wasirganj, District Lucknow. Heard learned counsel for the applicant and learned A.G.A. for the State. None appears on behalf of the complainant/informant. The coordinate Bench of this Court while granting interim protection to the applicant vide order dated 04.10.2024 has passed the following order:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 286/2012, under Sections 419/420/467/468/471/504/506 IPC, P.S. Wasirganj, District Lucknow. 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 lady. Neither any part of land belonging to opposite party no. 2 has been purchased by the applicant and nor she has sold any part of land belonging to opposite party no. 2. Civil suit numbered as R.S.No. 588 of 2013 regarding the property dispute in question has been filed by opposite party no. 2. Charge sheet in the case has been filed. The applicant is a senior citizen. 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 lady; offences are triable by magistrate; civil suit is pending before the competent Court; 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." Learned counsel for the applicant submits that charge sheet in the matter has been filed. The applicant has cooperated in the investigation and further undertakes to cooperate in the trial. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submission advanced by the parties as well as considering the fact that charge sheet has been filed; offences are triable by magistrate; the applicant is a lady; civil suit regarding the property in question is pending adjudication; the applicant has cooperated in the investigation and further undertakes to cooperate in the trial, the interim protection granted by this Court vide order dated 04.10.2024 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the aforesaid, the application is allowed. Order Date :- 6.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench