Neutral Citation No. - 2025:AHC-LKO:10422 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2501 of 2024 Applicant :- Smt. Santosh Pandey Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Rama Niwas Pathak 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.177 of 2024, under Sections 315, 336 of I.P.C., Police Station Mahrajganj, District Ayodhya. 3. From perusal of the order sheet, it appears that on 08.11.2024, the following order was passed:- "Heard. Present bail application has been filed by the applicant seeking anticipatory bail in Case Crime No. 177 of 2024 under Section 315, 336 IPC, P.S.-Mahrajganj, District-Ayodhya. Considering the facts, as indicated, as also the statement(s) of informant and opposite party No.2/Suresh Tiwari, Bakhedu Prasad and Asha Bahu- Kanchan Vishwkarma and Dai-Chandawati recorded during investigation by the Investigating Officer as also the Office Order dated 08.04.2024 issued by the Chief Medical Officer, Ayodhya and the submission advanced by the learned AGA based upon the instructions, it appears that on the date referred in the FIR i.e. 04.09.2023, the Dr. posted at PHC, Arawal, Maya Bazar, District-Ayodhya was on maternity leave and on that date the applicant was posted as A.N.M. at the said PHC as also the duties of the ANM, this Court is of the view that the applicant is entitled to interim protection. Taking note of the aforesaid, as an interim measure, it is provided that in the event of arrest, the accused-applicant-Smt. Santosh Pandey be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station concerned with the following conditions:- (i) That the accused-appellant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-appellant 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; and (iii) That the accused-appellant shall not leave India without the previous permission of the Court. Issue notice to opposite party No.2. Steps be taken within four working days. Two weeks' time is available to the learned counsel for the State to file counter affidavit. One week time thereafter would be available to learned counsel for the applicant to file rejoinder affidavit. List after expiry of aforesaid period within top 30 cases alongwith service report. " 4. From perusal of the order dated 08.11.2024, 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, Smt. Santosh Pandey 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/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 :- 17.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench