Neutral Citation No. - 2025:AHC:41222 Court No. - 88 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9595 of 2024 Applicant :- Smt. Vimla Jain And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Chauhan Counsel for Opposite Party :- Aanya Verma,Alok Saxena,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.1117 of 2022, under sections 498-A,304-B IPC and section 3/4 D.P. Act, Police Station-Sahibabad, District-Ghaziabad. It is submitted by learned counsel for the applicants that applicant No.1 Smt. Vimla Jain is mother-in-law, aged about 72 years, applicant No.2 Manish Jain is Jeth and applicant No.3 Meenu Jain is married Nanad of the deceased. It is further submitted that the deceased was living with her husband separately from the applicants. On account of matrimonial dispute between husband and wife she committed suicide after five years of her marriage. It is also submitted that the F.I.R itself reveals that the present applicants were living in the same locality but not in the same house. There is no any material on record to show that the present applicants also made harassment of the deceased in relation to demand of dowry except the bare allegations of the informant. It is further submitted that no any complaint regarding harassment was made either by the deceased or her inmates against the present applicants. The applicants were granted anticipatory bail till the submission of charge sheet by Co-ordinate Bench and this bench of this Court and now after conclusion of investigation, the charge sheet has been filed. In the meantime the applicants did never misuse the liberty granted to them and there is no possibility of threatening or intimidating the prosecution evidence, therefore, request to grant anticipatory bail during pendency of trial. Lastly, it is submitted that in case, they are released on bail, they will not misuse the liberty of bail and would cooperate with the trial. Learned counsel for opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that it is not necessary that the applicants were living in the same house but they were living in the same locality and also subjected the deceased to harassment with other accused husband, therefore, they cannot be said to be innocent and cannot be granted anticipatory bail. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicants, learned counsel for opposite party as well as learned A.G.A, the age of applicant No.1 and the facts that the applicants were granted anticipatory bail during course of investigation and they never misused the liberty of bail and now the charge sheet has been submitted before the learned trial court and also the fact that the applicants were not living in the same house but in the same locality and also the fact that no any complaint either by the deceased or her inmates regarding harassment by the applicants to any authority was made, there appears ground for anticipatory bail in favour of applicants during pendency of trial. In the event of arrest of the applicants Smt. Vimla Jain, Manish Jain and Meenu Jain shall be released on anticipatory bail during pendency of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the learned trial court unless exempted; (ii) 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 from disclosing such facts to the Court or to any police office; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned. In default of any of the conditions, this bail order shall stand automatically vacated. Order Date :- 20.3.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad