Neutral Citation No. - 2025:AHC:13168 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11966 of 2024 Applicant :- Bhagawan Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Malviya Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Akhilendra Yadav, counsel for the informant and Sri Rishi Chaddha, learned AGA for the State. 2.This is the second anticipatory bail application. The first anticipatory bail application was dismissed as withdrawn by this Court vide order dated 5.11.2024. 3. The present application has been filed seeking anticipatory bail in Case Crime No.59 of 2023, under Sections 498A, 304-B I.P.C. & 3/4 of Dowry Prohibition Act, Police Station Matsena, District- Firozabad, during the pendency of trial. 4. Counsel for the applicants contends that the incident is alleged to have occurred on 14.01.2023. The first information report was lodged on 28.02.2023. The delay is fatal to the prosecution case. Placing reliance on the statements of nurse and Ashakarmi, it is contended that the deceased was admitted in the hospital as she was pregnant. At the time of admission no injury was found on the body of the victim. The applicants are father-in-law and mother-in- law of the deceased. Vague and general allegations have been levelled against the applicants. It is next contended that the brother-in-law and sister-in-law of the deceased have been granted anticipatory bail by this Court vide order dated 23.11.2024 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.11082 of 2024 (Sumit Kumar and another vs. State of U.P. and another). The applicants claim parity. The investigation has been completed. The applicants had cooperated in the investigation. After the investigation, final report in favour of applicants was submitted by the Investigating Officer. No custodial interrogation is required. The applicants have been summoned by the concerned court on the basis of protest petition. The applicants have apprehension of their arrest in the above mentioned case. The applicants have no criminal antecedents. In case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. and learned counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants, and the fact that vague and general allegations have been levelled against the applicants. The brother-in-law and sister- in-law of the deceased have been granted anticipatory bail by this Court vide order dated 23.11.2024. The applicants claim parity. After the investigation, final report in favour of applicants was submitted by the Investigating Officer. The applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Bhagawan Singh and Smt. Hardevi, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicants shall make themselves available on each date fixed in the matter by the court concerned; (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; (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 concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 24.1.2025/Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad