Neutral Citation No. - 2025:AHC-LKO:4657 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2790 of 2024 Applicant :- Shayampati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Time was granted to the State to file counter affidavit, but no counter affidavit has been filed yet. 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. 92 of 2012, under Sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station Tarabganj, District Gonda. From perusal of the order sheet, it appears that on 19.12.2024, 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 him on anticipatory bail in Case Crime No. 92 of 2012, under Sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station Tarabganj, District Gonda. Contention of learned counsel for the applicant is that the applicant is innocent and she has falsely been implicated in the present case. He submits that the applicant is 80 years old lady and she is bona fide purchaser and she was never involved in committing the offence. He added that the sale deed was prepared but the same was never executed and thus, the applicant is not beneficiary of the sale deed. He further added that the applicant has always co-operated with the trail proceedings and the charge sheet has been filed, as such, there is no possibility that she may abscond from trial proceedings and tamper with the evidence. He further submits that the applicant is undertaking that she will co- operate with the investigating proceedings and she will remain present before the Investigating Officer as and when required. He further submits that the applicant has no previous criminal history and she is a law abiding citizen and she has acute apprehension 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 anticipatory bail. Till the next date of listing, the present applicant Shayampati 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. List/put up this matter in fourth week of January 2025. In the meantime, learned counsel for the State shall file the counter affidavit. " 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 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, Shayampati, till disposal of the trial subject to 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 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 order. Order Date :- 23.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench