Neutral Citation No. - 2025:AHC:20093 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11998 of 2024 Applicant :- Kanhaiya Alias Kanhaiya Lal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Faiz Hasnain,Syed Riyaz Askari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application under Section 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 250 of 2024, under Section 108 B.N.S., Police Station Kotwali Sambhal, District Sambhal. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants are father-in- law and mother-in-law of the deceased. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicants, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicants has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Amalendu Pal vs. State of West Bengal (Criminal Appeal No. 2091 of 2009) decided on 11.11.2009. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. 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, antecedents of the applicants and the fact that as per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. At this stage, there is no substantive evidence against the applicants, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Kanhaiya @ Kanhaiya Lal and Smt. Heerawati 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 officer; (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. 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 applicants. 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 applicants. 10. The applicants are 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 :- 11.2.2025/Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad