Neutral Citation No. - 2025:AHC:13130 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 615 of 2025 Applicant :- Mishrilal And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Suresh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 128 of 2024, under Sections 304/34 of I.P.C., Police Station Bisanda, District- Banda, during the pendency of trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The allegation of causing the offence of culpable homicide not amounting to murder has been assigned to co-accused Jitendra, who was the husband of the deceased. Co-accused Jitendra has been arrested. There are no direct allegations against the applicants. It is next contended that during the course of investigation, the applicants were granted protection by this Court vide order dated 03.05.2024 passed in Criminal Misc. Writ Petition No. 6733 of 2024 (Mishri Lal and 3 others vs. State of U.P. and 3 others) till submission of police report. The investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicants have been summoned by the concerned Court vide order dated 07.11.2024. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants, and the fact that the allegation of causing the offence of culpable homicide not amounting to murder has been assigned to co-accused Jitendra, who was husband of the deceased. There are no direct allegations against the applicants. During the course of investigation, the applicants were granted protection by this Court. The applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Mishrilal and Babban @ Virendra @ Virendra Kumar, 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 24.1.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad