Neutral Citation No. - 2025:AHC-LKO:11991 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2278 of 2024 Applicant :- Sheela Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Singh,Prashant Tiwari Counsel for Opposite Party :- G.A.,Anshuman Singh,Karan Srivastava,Pradeep Kumar Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Misc. Case No. 8607/2023, under Sections 419/420/167/468/471/504/506 IPC, P.S. Paraspur, District Gonda. Learned counsel for the complainant submits that the applicant is not entitled for any relief. From perusal of the order sheet, it appears that on 01.10.2024, the following order was passed:- "The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Misc. Case No. 8607/2023, under Sections 419/420/167/468/471/504/506 IPC, P.S. Paraspur, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. It has been submitted on behalf of the applicant that two civil suits are pending adjudication in District Court Gonda between the applicant and the informant regarding the property in question. A purely civil dispute is sought to be given a criminal colour so that the applicant give up her possession. The applicant is a lady. She has no criminal antecedent. It is submitted that the applicant is innocent. The applicant has never absconded. She undertakes to cooperate in the trial. Two weeks' time is granted to learned AGA to file objections/ counter affidavit. Issue notice to respondent No.2. List on 23.10.2024. On due consideration to the facts that two cases are pending regarding the same property, so also the undertaking given on behalf of the applicant that she shall cooperate in the trial, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to her cooperation in the trial. In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) 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 him from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming her independent opinion based on the testimony of the witnesses. " From perusal of the order dated 01.10.2024, 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. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Sheela 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. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 27.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench