Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:22762 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10761 of 2024 Applicant :- Somari Devi Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Nath,Vivekanand Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 152 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 Dowry Prohibition Act, Police Station Aurai, District Bhadohi. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is mother in-law of the deceased. The marriage of the deceased with co-accused Chhotu Bind was performed in the month of June, 2018. As per the post-mortem report, the deceased died due to asphyxia as a result of ante-mortem hanging. The applicant was living separately from the deceased and her husband. In this regard, copy of ration card of the applicant has been annexed as Annexure-SA-1 to the second supplementary affidavit. Vague and general allegations have been levelled against the applicant. Co-accused Chhotu Bind has been arrested. It is next contended that identically placed co-accused Smt. Rani and Vikes Kumar @ Vivek has been granted anticipatory bail till the submission of police report, by this Court vide order dated 15.10.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 9925 of 2024, Smt. Rani and another v. State of U.P. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that vague and general allegations have been levelled against the applicant, co-accused Chhotu Bind has been arrested, and identically placed co- accused Smt. Rani and Vikes Kumar @ Vivek have been granted anticipatory bail
by this Court till the submission of police report, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Somari Devi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (ii) The applicant 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 officer; and, (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present
order.
11. The application stands disposed of.
Order Date :- 18.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad