Neutral Citation No. - 2025:AHC-LKO:1374 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2553 of 2024 Applicant :- Poonam Shukla Opposite Party :- State Of U.P. Thru. Secy. Homes Lko Counsel for Applicant :- Jyoti Rajpoot,Vijay Prakash Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Case Crime No. 54 of 2023, under Sections 147,323,324,336,504,325,308 I.P.C., P.S.- Haiderganj, District- Ayodhya/Faizabad. From perusal of the order sheet, it appears that on 18.11.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "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. 292 of 2023, under sections 147, 323, 324, 336, 504, 325,308 of the IPC, Police Station-Haiderganj, District-Ayodhya/Faizabad. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant is a woman and she was never involved in committing any offence. He next added that no specific role has been assigned to the present applicant and the applicant has no previous criminal history. He submits that the applicant is always cooperating with the investigation proceedings and she undertakes that she will always remain present before the Investigation Officer as well as subsequently, in the trial proceedings, she will never abscond. He submits that the role of the present applicant is distinguishable from the role of the other co-accused persons as she is a woman and no specific role is assigned to her. Further added that there is an acute apprehension that the police will arrest the present applicant and therefore, submission is that she may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report and there are injuries over the body of the injured and as such, the applicant is not entitled for any relief,but, he has failed to demonstrate that the applicant is not cooperating in the trial proceedings as well as there is an apprehension that she will flee away from investigation proceedings. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Poonam Shukla, shall be released forthwith, in case of her arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on her furnishing a 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 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 him 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 the week commencing 06.01.2025. In the meantime, learned counsel for the State shall file the counter affidavit. " State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. It has also not been pleaded by counsel for the State that the present applicant is not cooperating with the trial proceedings. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant namely, Poonam Shukla, 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 him 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 :- 8.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench