Neutral Citation No. - 2025:AHC:25846 Court No. - 68 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1529 of 2025 Applicant :- Smt. Farhana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Dhiraj Srivastava, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA for the State and perused the record. 2. The instant anticipatory bail application has been filed on behalf of the applicant- Smt. Farhana with a prayer to release her on bail in Case Crime No. 234 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2), 339, 61(2), 229 of B.N.S.S., Police Station- Bhognipur, District- Kanpur Dehat, till conclusion of trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits that application under Section 482 No. 7228 of 2023 has been allowed by Co-ordinate Bench of this Court vide order dated 03.03.2023 (copy of the same is Annexed at page 36 of the anticipatory bail application) in which it has been stated that the parties have entered into compromise. He next submits that the applicant shall not misuse the anticipatory bail granted to her and co-operate in the investigation proceedings. It has been submitted that in case applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but could not dispute the submissions raised by the learned counsel for the applicant. 5. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case. 6. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed. 7. Let the applicant- Smt. Farhana, who is involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:- i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court. ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. Her passport will remain in custody of the concerned trial Court. iii. That 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 him from disclosing such facts to the Court or to any police officer; iv. The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant. v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law. vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law. Order Date :- 24.2.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad