Neutral Citation No. - 2025:AHC:33355 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4843 of 2024 Applicant :- Amerika Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar,Bhriguram Ji,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. The applicant may file amendment application before the trial Court for impleading the heirs of the complainant- deceased. 2. Heard Sri Anand Kumar, learned counsel for the applicants and the learned AGA for the State and perused the record. 3. The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.6266 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station- Jhangha, District- Gorakhpur, till conclusion of trial. 4. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has filed supplementary affidavit annexing therein the order-sheet of the court proceedings. Learned counsel for the applicant submits that after getting anticipatory bail application by order dated 22.05.2024, they appeared before the trial Court and regularly appearing on the date fixed, which is evident from the order-sheet dated 18.06.2024, 18.07.2024 and 02.08.2024. As per office report the complainant-opposite party No. 2 is died on 04.03.2024. Since the applicants are appearing before the trial Court and participating in trial proceedings, no fruitful purpose would be served in keeping the anticipatory bail application pending here. Applicants have not misused the anticipatory bail granted to them and co-operated in the investigation proceedings. Applicants' counsel undertakes that applicants will co-operate in the trial, failing which, the State can move appropriate application for cancellation of the anticipatory bail. It has been submitted that in case applicants' are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail. 5. On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants. 6. Considering the arguments advanced by the learned counsel for the parties and the act of the applicants, the applicants are granted anticipatory bail 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 applicants are entitled to be granted anticipatory bail in this case. 7. 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 applicants is allowed. 8. Let the applicants- Amerika Devi, Hansnath Yadav and Sadhana Yadav 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 applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court. ii. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passports will remain in custody of the concerned trial Court. iii. That 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 from disclosing such facts to the Court or to any police officer; iv. The applicants shall file an undertaking to the effect that they 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 applicants. v. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law. vi. The applicants 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 313 Cr.P.C. 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 his bail and proceed against them in accordance with law. Order Date :- 6.3.2025 NSC Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad