Neutral Citation No. - 2025:AHC-LKO:16558 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 191 of 2024 Applicant :- Najrool Alias Najrool Nisha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ashish Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Case called out. 2. Nobody is present to press the present anticipatory bail application on behalf of the applicants. 3. Heard Shri Anurag Verma, learned AGA-I and perused the record. 4. By means of this application, the applicant is seeking anticipatory bail in Case Crime / F.I.R. No. 283 of 2024 u/s 366, 376, 504, 506 IPC, P.S. Lambhua, District Sultanpur. 5. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.08.2024 against the applicant and her two sons, stating that the applicant with her son co-accused Ashfaq had enticed away the informant's daughter. She further stated that Ashfaq has married the informant's daughter against her wish. 6. The applicant was granted interim anticipatory bail by means of the following order passed on 03.12.2024:- "1. Heard Sri Ashish Kumar Dubey, learned counsel for the applicant and Sri Ramji, learned AGA for the State. 2. Learned counsel for the applicant has requested that he may be permitted to implead the informant as opposite party no. 2 during the course of the day. 3. Considering the aforesaid request the learned counsel for the applicant is permitted to implead the opposite party no. 2 with complete details during the course of the day. 4. Issue notice to opposite party no. 2 returnable at an early date. 5. Steps within a week. 6. Office to proceed accordingly. 7. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime / F.I.R. No. 283 of 2024 u/s 366, 376, 504, 506 IPC, P.S. Lambhua, District Sultanpur with a prayer to grant him anticipatory bail. 8. Attention has been drawn towards the impugned F.I.R. wherein the date of incident is 28.5.2024 but the F.I.R. has been lodged on 7.8.2024 without explaining the inordinate delay. The main allegation is against the co-accused Mukhtar and the present applicant being mother of the accused Mukhtar has been implicated in this case. The another co-accused Asfaq is also son of the present applicant. Learned counsel has stated that on the basis of instructions the applicant admits that her son Mukhtar has got married with the prosecutrix and she is ready to keep the prosecutrix with her as her daughter-in-law (Bahu). The investigation is going on and she undertakes that she will cooperate in the investigation and shall not misuse the liberty, if provided by the Court. The present applicant being a lady and she is having her permanent house and there is no flight risk, therefore, in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98" her liberty may be protected. 9. On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A., so also considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, is liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. 10. In the event of arrest, the accused-applicant Najrool Alias Najrool Nisha, shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs. 50000/- each and two sureties each in the like amount to the satisfaction of the court concerned on 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 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 default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; v. that the applicant shall not pressurize/ intimidate the prosecution witness; 11. Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. 12. List in the week commencing 13.1.2025." 7. The State has filed a counter affidavit annexing therewith a copy of CD Parcha No.8. Statement of some witnesses have been annexed therewith, who have stated that the applicant is not involved in commission of the offence and she has wrongly been entangled. 8. Having considered the aforesaid facts and circumstances of the case and In view of the aforesaid statements annexed with the counter affidavit, this Court finds no good ground to take a view different from the one taken at the time of grant of interim anticipatory bail vide order dated 03.12.2024. Accordingly, the interim anticipatory bail granted to the applicant by means of an order dated 03.12.2024 is made absolute and this anticipatory bail application stands allowed in terms of the aforesaid interim order. [Subhash Vidyarthi,J.] Order Date :- 21.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench