Neutral Citation No. - 2025:AHC:36441 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1305 of 2025 Applicant :- Kumari Neelam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Somdev Dixit Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Km. Neelam and Mamta in Case Crime No.0297 of 2022, under Sections 323, 307 IPC, Police Station - Narkhi, District - Firozabad. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material available on record. 3. It is alleged in the F.I.R. that injured was called to his house by co-accused Daulat Ram on 09.06.2022 in the night where he was bitterly assaulted by all the accused persons including both the present applicants and with intention to kill him, an attempt was made to strangulate the injured with aid of some duppta. F.I.R. was lodged on 10.06.2022 and investigation started and now charge sheet has been submitted. 4. It has been submitted by the learned counsel for the applicants that applicants are innocent and they have apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. After completion of investigation, charge sheet has been submitted in the matter. 5. It is further submitted that the occurrence has been happened in the house of the applicants in the night and the presence of the injured was not probable at the house of the applicants in the night. It is further submitted that both the applicants are ladies and they have no criminal history to their credit. It is next submitted that except a contusion over the neck, no other injury has been caused to the injured of the case. It is next submitted that there is no independent witness of the case. It is also submitted that the applicants have been cooperative during investigation of the case. It is further submitted that vide order dated 6.7.2023, the applicants were granted anticipatory bail in Criminal Misc. Anticipatory Bail Application No. 7543 of 2023 till submission of police report under Section 173(2) CrPC and they have not misused the protection granted to them. No custodial interrogation is required from the applicants. 6. Per contra, learned A.G.A. while opposing the anticipatory bail application has vehemently argued that the injured was called to his house by co-accused, Daulat Ram where he was assaulted by all the accused persons and an attempt was made to kill him by strangulation with the aid of a duppta. It is further submitted that the injured was found in an unconscious state by the doctors where he was brought for medical examination. It is next submitted that ample evidence has been collected against the applicants during the course of investigation. 7. I have considered the submissions made by learned counsel for the parties and perused the entire record. 8. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 9. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till end of the trial in the matter. 10. The anticipatory bail application is accordingly allowed. 11. In the event of arrest of the applicants in the aforesaid case, they shall be released on anticipatory bail till end of the trial on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicants shall make themselves available before the court concerned on the date fixed in the matter; (ii) The applicants 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 / her from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned. 12. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicants. Order Date :- 12.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad