Neutral Citation No. - 2025:AHC-LKO:7392 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2480 of 2024 Applicant :- Nazish Rizwi And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Anand Mani Tripathi,Anurag Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record. 2. Instant application has been filed with the prayer to enlarge the accused-applicants on anticipatory bail in Case Crime No. 0095 of 2019, under sections 420, 467, 468 and 471of IPC P.S.- Malipur District - Ambedkar Nagar. 3. From perusal of the order sheet, it appears that on 05.11.2024, the following order was passed:- "Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No. 0095 of 2019, under sections 420, 467, 468 and 471of IPC P.S.- Malipur District - Ambedkar Nagar. The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that applicants were appointed in the institution in question in year 2014 and the Rules were promulgated in year 2016 and as such, those were not applicable at the time of appointment. He added that the eligibility criteria with respect to the academic qualification for such appointment is upto intermediate level and therefore, the post graduate degree has no relevance. He added that the applicants are women and they are cooperating with the Investigation proceedings as well as they will always cooperate with the trial procedings. He further added that applicants have no criminal history as is mentioned in paragraph no. 21 of the bail application and there is acute apprehension that the applicants will be arrested by the police thus, submission is that the the applicants may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that there are documentary evidences that the applicants have committed offence and as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants- Nazish Rizwi, Afreen Hasan and Zehra Jabi shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bonds and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make themself available for interrogation by a police officer as and when required; (ii) that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in second week of December, 2024. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. " 4. From perusal of the order dated 05.11.2024, 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 applicants were 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 applicants are not cooperating with the investigation proceedings. 5. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Nazish Rizwi, Afreen Hasan and Zehra Jabi till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/intimidate the prosecution witness. 6. 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