Neutral Citation No. - 2025:AHC:31771 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7506 of 2024 Applicant :- Santosh Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari,Shubham Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicant no. 2 and learned A.G.A. for the State. 3. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Sunita Devi in Case Crime No. 95 of 2021, under Sections 308, 323, 504 IPC, Police Station- Sahayal, District- Auraiya. 4. Learned counsel for the applicant no. 2 submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that this Court vide order dated 01.10.2024 granted interim protection that applicant no. 2, Sunita Devi shall not be arrest without leave of the Court in Case Crime No. 95 of 2021, under Sections 308, 323, 504 IPC, P.S. Sahayal, District- Auraiya. He next submitted that on perusal of order-sheet dated 06.11.2024, it is apparent that applicant no. 2 after getting interim protection, appeared before the Trial Court. Lastly, it is submitted that the applicant no. 2 is apprehensive of imminent arrest. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the trial. 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 applicant no. 2. 6. 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 no. 2 is 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 applicant is allowed. 8. Let the applicant no. 2- Sunita Devi, 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 no. 2 shall not leave India during the pendency of trial without prior permission from the concerned trial Court. ii. The applicant no. 2 shall surrender her passport, if any, to the concerned trial Court forthwith. Her passport will remain in custody of the concerned trial Court. iii. That the applicant no. 2 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 no. 2 shall file an undertaking to the effect that he 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 no. 2. v. In case, the applicant no. 2 misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law. vi. The applicant no. 2 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 her bail and proceed against her in accordance with law. Order Date :- 5.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad