HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 325 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present application has been filed by the applicant seeking anticipatory bail in Case Crime No.31 of 2025, under Sections 115(2), 352, 109 BNS, P.S. Hathigawa, District Pratapgarh. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. Notice to respondent no. 2 is dispensed with in view of the proposed order. Instructions provided by the learned AGA is taken on record. The coordinate Bench of this Court vide order dated 24.04.2025 has passed the following order:- "1. Heard learned counsel for applicant and learned A.G.A. for opposite party no.1- State. Issue notice to opposite party no.2. Counter affidavit filed today is taken on record. 2. First anticipatory bail application has been filed with regard to Case Crime No.31 of 2025, under Sections 115(2), 352, 109 BNS, P.S. Hathigawa, District Pratapgarh. 3. As per contents of first information report, applicant allegedly attacked the informant on 17.02.2025 at about 08.00 A.M. and inflicted injuries upon her. Versus Counsel for Applicant(s) : Anil Kumar Awasthi Counsel for Opposite Party(s) : G.A. Shuklahin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 4. It has been submitted by learned counsel for applicant that she has been falsely implicated in charges levelled against her only on account of previous enmity as evident from a perusal of the FIR itself. Learned counsel has drawn attention to H.D. report to submit that all the injuries have been indicated as simple due to which the applicability of section 109 BNS itself become a doubtful. It is submitted that applicant does not have any previous criminal history. 5. Learned A.G.A. on the basis of instruction submits that the applicant is not cooperating during course of investigation due to which charge-sheet could not be filed. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that although Section 109 BNS has been included against applicant but the injury report apparently does not support the said section. 7. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. 8. Let the accused- Shuklahin applicant as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. 9. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicant shall cooperate in the investigation and he 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. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. Applicant shall appear before the Investigating Officer on 01.05.2025 at 02.00 P.M. NABAIL No. 325 of 2025 2 In case of failure, learned AGA shall intimate this Court by the next date of listing as to whether the applicant has cooperated in the investigation or not. 10. List this case on 16.05.2025, as fresh alongwith service report. 11. Objections may be filed in the meantime." Learned counsel for the applicant submits that, in compliance with the order extracted above, the applicant has filed the requisite bonds and has been granted interim anticipatory bail by the investigating officer. Learned counsel further submits that the applicant has cooperated with the investigation and undertakes to continue cooperating during the trial. Learned A.G.A. has opposed the bail application; however, he did not dispute that the applicant has cooperated in the investigation. He has also informed the Court that the charge sheet has been forwarded to the Court on 13.05.2025. Having due regard to the submissions, a perusal of the record, the facts that the charge sheet in the matter has been forwarded to the Court, the applicant has not misused the liberty granted by this Court, his cooperation in the investigation, and his undertaking to cooperate during the trial, as well as in view of the Apex Court’s dictum in Sushila Aggarwal v. State (NCT of Delhi)-2020 SCC Online SC 98, and without expressing any opinion on the merits of the case, I am of the view that the interim protection granted earlier vide order dated 24.04.2025 deserves to be, and is hereby, made absolute. The application is allowed accordingly. October 8, 2025 R.C. NABAIL No. 325 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench