Neutral Citation No. - 2025:AHC:14499 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10291 of 2024 Applicant :- Janhvi Dubey And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Agrawal,Mohak Agarwal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. IInd Supplementary affidavit filed today by learned counsel for the applicants, is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. 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. 89 of 2023, under Sections 419, 420, 467, 468, 323, 506 I.P.C., Police Station- Chowk Kashi Commissionerate, District- Varanasi, 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. Applicant no. 2 is the husband of applicant no.1 and they are having no concern with the alleged incident. Allegation in the first information report is that name of applicant no. 1 had been mutated in the revenue records of the disputed property. Prima facie, on perusal of contents of first information report, it appears to be a civil nature dispute. Investigating Officer has submitted charge-sheet and vide order dated 14.08.2024 issued summons against the applicants. Applicants would co- operate with the trial proceedings. Applicants have no criminal history to their credit. 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 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. 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 applicants- Janhvi Dubey and Rajan Dubey, who are 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 passport 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 them 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 their bail and proceed against them in accordance with law. Order Date :- 31.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad