HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2145 of 2024 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Learned Counsel for the applicant and learned A.G.A. for the respondent State are present. None appears for the complainant. The applicant has moved the present application praying for grant of anticipatory bail in case crime/FIR No. 74/2024, under Sections 406/420/467/468/471/504/506 I.P.C., P.S. PGI, District Lucknow. This Court while giving interim protection has passed the following order on 21.9.2024 :- "Heard learned counsel the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 74/2024, under Sections 406/420/467/468/471/504/506 I.P.C., P.S. PGI, District Lucknow. In the prosecution case, it is alleged that Anil Sharma and Kanchan Sharma by preparing forged documents relating to the government tender entered into partnership with the complainant and have usurped Rs. 87,00,000/- of the complainant. It is further alleged that the accused persons have told the complainant that they are working in several districts of Maharashtra and Uttar Pradesh regarding the government tender work. The cheques given by Anil Sharma have bounced. Learned counsel for the applicant submits that the applicant is a lady. She has explained her criminal history of one case in the supplementary affidavit. If any money has been given would have been given to Anil Sharma and not to the present applicant. Partnership agreement was also entered between the complainant and husband of the applicant. There is Versus Counsel for Applicant(s) : Ramesh Chandra Pandey Counsel for Opposite Party(s) : G.A., Manoj Kumar Tripathi, Suraj Bhan Yadav Kanchan Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) no transaction in the account of the present applicant. The offences are triable by magistrate. Learned counsel for the applicant submits that the applicant is not a previous convict and she undertakes to cooperate in the investigation. Learned AGA has opposed the bail application submitting that complicity of the applicant has been found in the CCTV footage while counting currency. Rebutting the submission made by learned AGA, learned counsel for the applicant submits that in case any cash is brought by the husband, being a wife, she would definitely count cash and merely by counting cash, she cannot be made accused. Issue notice to respondent No. 2. Steps be taken within a week. List on 17.10.2024. On due consideration to the fact that the applicant is a lady; she has undertaken to cooperate in the trial; offences are triable by magistrate; the applicant is not a previous convict and having no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant is directed to report to the investigating officer within 10 days from today. She shall cooperate in the investigation and she will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. Learned AGA may filed counter affidavit in the meantime. " Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds before the trial court and the applicant has cooperated in the trial and not misused the liberty of interim anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. Learned A.G.A. could not dispute the fact that the applicant has cooperated in the investigation and has not misused the liberty of interim anticipatory ABAIL No. 2145 of 2024 2 bail. Considering the interim protection granted vide order extracted above which has not been misused by the applicant, undertaking that the applicant shall cooperate in the trial, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. The application is allowed accordingly. October 29, 2025 Madhu D.R/P.S ABAIL No. 2145 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench