Neutral Citation No. - 2025:AHC:37818 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2098 of 2025 Applicant :- Naseem Bano Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushagra Vaibhav Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri V. P. Tripathi, learned AGA for the State-respondent. 2. This application has been filed seeking anticipatory bail in Special Case No. 1527 of 2023, (State vs. Arun Kumar Srivastava and others), Case Crime No. 1084 of 2018, under Section 420 I.P.C., Police Station Civil Lines, District Moradabad. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The plot in dispute was exempted from the operation of Urban Ceiling vide order dated 11.07.2016 passed by the Competent Authority. Once it was exempted, the applicant purchased the same from the erstwhile tenure holder by means of a registered conveyance deed dated 01.04.2017. The necessary ingredients to constitute the offence under Section 420 I.P.C. are not made out against the applicant. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant is a lady and has no criminal antecedents. Further, the co-accused, Arun Kumar Srivastava has been granted anticipatory bail by this Court vide order dated 12.12.2024 passed in Criminal Misc. Anticipatory Bail Application No. 11077 of 2024 (Arun Kumar Srivastava vs. State of U.P.). The applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the plot in dispute was exempted from the operation of Urban Ceiling vide order dated 11.07.2016 passed by the Competent Authority. Once it was exempted, the applicant purchased the same from the erstwhile tenure holder by means of a registered conveyance deed dated 01.04.2017. At this stage, there is no substantive evidence against the applicant. Further, the co-accused, Arun Kumar Srivastava has been granted anticipatory bail by this Court. Charge-sheet has been filed. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Naseem Bano, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 applicant shall make herself available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by her before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 18.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad