1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 291 of 2025 --------- Lilawati Devi, W/o Vijay Turi, R/o Village Khari PO & PS Chalkusha, District Hazaribagh … … Appellant Versus The State of Jharkhand … … Respondent --------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ---------- For the Appellant : Ms. Kavita Kumari, Advocate For the Respondent : Mr. Manoj Kumar Mishra, A.P.P. ----------- 02 /Dated: 20th March, 2025 1. The instant appeal preferred under Section 21(4) of the National Investigation Agency Act, is directed against the order dated 05.02.2025 passed in A.B.P. No.2265 of 2024 by the learned Addl. Sessions Judge- VI, Hazaribagh, in connection with Chalkusha P.S. Case No.47 of 2023, registered for the offence under Sections 370 and 370A of the IPC, whereby and whereunder, the prayer for pre-arrest bail of the appellant has been rejected. 2. It has been contended on behalf of the appellant that the appellant is absolutely innocent and has falsely been implicated in the instant case. 3. It has further been contended that there is no any criminal antecedent against the appellant as she has never been involved or indulged in any other antisocial activities. 4. It has also been contended that the identically placed co-accused person namely, Basanti Devi, has been granted the privilege of anticipatory bail by the Coordinate Bench of this Court vide order dated 13.08.2024 passed in Cr. Appeal (DB) No.523 of 2024. 5. While on the other hand, learned Addl. Public Prosecutor appearing for the State, has vehemently opposed the prayer for anticipatory bail. However, he is fair enough to admit the fact that the case of the aforesaid co-accused person as referred above, who has already been granted the privilege of anticipatory bail by the Coordinate 2 Bench of this Court, is identically placed to that of the case of the present appellant. 6. After having heard the learned counsel for the parties, this Court, is of the view that identically placed co-accused person namely, Basanti Devi, has been granted the privilege of anticipatory bail by the Coordinate Bench of this Court vide order dated 13.08.2024 passed in Cr. Appeal (DB) No. 523 of 2024, therefore, there is no reason to take distinct view, so far as the case of the present appellant is concerned. 7. Considering the aforesaid fact, this Court is of the view that the impugned order needs to be interfered with. 8. Accordingly, the impugned order dated 05.02.2025 passed in A.B.P. No.2265 of 2024 by the learned Addl. Sessions Judge-VI, Hazaribagh, is hereby, quashed and set aside. 9. In view thereof, the instant appeal stands allowed. 10. On consideration of the aforesaid facts, this Court is inclined to extend the privilege of pre-arrest bail to the appellant. The appellant, above named, accordingly, is directed to surrender before the learned court below within 10 days and on her surrender, she shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Hazaribagh, in connection with Chalkusha P.S. Case No.47 of 2023, subject to conditions that the appellant shall co-operate in the trial and shall not absent herself on the date fixed without any cogent cause. In case of non-cooperation in trial, it will be left open upon the prosecuting agency to move before the concerned court for cancellation of bail bond. 11. Accordingly, the instant appeal stands disposed of. (Sujit Narayan Prasad, J.) (Gautam Kumar Choudhary, J.) AKT/Anit