HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2730 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Surya Prakash, learned counsel for the applicant and Shri Mayank Sinha, learned A.G.A. for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 12.12.2024: "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 him on anticipatory bail in Case Crime No.1297 of 2022, under Sections 323, 307, 452, 504, 506, 509 I.P.C., Police Station Kotwali, District Lakhimpur Kheri. Contention of learned counsel for the applicant is that the applicant is innocent and she has falsely been implicated in the present case due to ulterior motive. He added that the Investigating Officer, while investigating the matter, did not find any cogent piece of evidence against the applicant and thus, the final report was submitted but when the P.W. 2 was examined, the statement was recorded that the applicant was also present on the spot and the role of catching hold has been assigned to her. He added that there is no corroborative evidence except apart the statement of the P.W.2 before the trial court and the trial court has also not recorded any specific finding with respect to any cogent piece of evidence against the applicant. He next submits that the applicant is a law abiding citizen and she never absconded from the investigating proceedings and she undertakes that she will always remain present before the trial court. Further submission is that the applicant has acute apprehension Versus Counsel for Applicant(s) : Surya Prakash Counsel for Opposite Party(s) : G.A. Sarswati Devi @ Reshma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) of being arrested by the police, as such, she may be granted anticipatory bail which she will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that she has committed cheat and fraud, as such, she is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicant Sarswati Devi alis Reshma 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 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 in case charge sheet 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. Let notice be issued to the opposite party no.2 returnable at an early date. Steps be taken within one week. List/put up this matter in third week of January 2025. In the meantime, learned counsel for the State shall file the counter affidavit." 3. The office has reported on 15.01.2025 that notice issued to opposite party No.2 stands served personally but no counter affidavit has been filed on ABAIL No. 2730 of 2024 2 behalf of him. 4. The State has filed a counter affidavit annexing therewith copies of the materials collected during the investigation. 5. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicant. 6. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 7. Accordingly, interim order dated 12.12.2024 is made absolute. The anticipatory bail application is allowed in terms of the aforesaid order. September 18, 2025 S. Shivhare ABAIL No. 2730 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench