HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1202 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The applicant has moved the present application praying for grant of anticipatory bail in case crime No.187 of 2008 under sections 363, 366, 504 I.P.C., P.S. Mawai, distirct Faizabad. 2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. 3.This Court while giving interim protection has passed the following order on 4.11.2025 : "1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.187 of 2008 under sections 363, 366, 504 I.P.C., P.S. Mawai, distirct Faizabad. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that the applicant is 75 years old lady. She has been falsely implicated. The victim herself approached this court for quashing of the first information report vide Crl. Misc. Writ Petition No.4223 of 2008. Status report is on record. However, it is submitted that whereabouts of any order passed in the said petition are not available. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submits that charge sheet was filed on 2.8.2008 and proceedings under sections 82/83 CrPC have been initiated against the applicant. 5.In view of the submission made, let this application be connected with Crl. Misc. W.P. No.4223 of 2008 (supra) and list as fresh immediately after lunch on 14.11.2025. Learned A.G.A. shall also find out status of the trial by the next date of listing. Versus Counsel for Applicant(s) : Farooq Ayoob, Km. Pooja Tiwari Counsel for Opposite Party(s) : G.A. Kismatul Nisha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) 6.Considering the above aspects of the matter, perusal of the record, improvement made by the victim while giving statement under sections 161 and 164 CrPC, medico legal examination report which does not corroborate the prosecution case as also as per radiological examination, the age of the victim is found to be 18-20 years, the applicant is a lady of 75 years old, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. In view of the above, it is provided as an interim measure that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and she will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. 5.Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, perused the record of Writ Petition No.4223(M/B) of 2008 which was disposed of vide order dated 16.5.2008, the applicant is a lady of 75 years of age, charge sheet has been filed, 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. 6.The application is allowed accordingly. November 14, 2025 kkb/ ABAIL No. 1202 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench