Neutral Citation No. - 2025:AHC-LKO:7385 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2474 of 2024 Applicant :- Pratibha Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramesh Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, 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-applicant on anticipatory bail in Case Crime No. 0655 of 2023, under Sections 419, 420, 467, 468, 471 of IPC and 3/7 Examination Act 1982 Police Station Thakurganj District-Lucknow. 3. From perusal of the order sheet, it appears that on 05.11.2024, the following order was passed:- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release her on anticipatory bail in Case Crime No. 0655 of 2023, under Sections 419, 420, 467, 468, 471 of IPC and 3/7 Examination Act 1982 Police Station Thakurganj District- Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. He submits that there are material discrepancies in the names which are mentioned at some places as it has been said that Pratibha Devi was there and secondly, Pratibha Yadav is mentioned in the first information report. He added that one Vandana Yadav was arrested on spot and there is no ample evidence against the present applicant that she was involved in committing offence. He also added that the present applicant is a woman and she is being unnecessary harassed for her no fault. He added that the applicant undertakes that she will cooperate with the investigation proceedings as well as in the trial proceedings and would never abscond from the same. He next added that there is acute apprehension that police will arrest her thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is a beneficiary and she is named by the main accused and therefore, she is not entitled for any relief. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Pratibha Devi shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on her furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself 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 in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant 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. List/put up this matter in first week of December, 2024. In the meantime, learned counsel for the State may file counter affidavit. " 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 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. 5. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Pratibha 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. 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