Neutral Citation No. - 2025:AHC-LKO:5963 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 82 of 2025 Applicant :- Dinesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 2others Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Pramod Kumar, learned counsel for the applicant and Sri Alok Singh, learned Additional Government Advocate for the State. 2. In view of the proposed order, the notice to opposite party No.3 is hereby dispensed with. 3. This anticipatory bail application has been filed by the present applicant (Dinesh Singh) apprehending his arrest in Case Crime No.0322 of 2024, under Sections 85, 80 (2) & 352 of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station-Bheera, District-Kheri. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). 5.Attention has been drawn towards the impugned F.I.R. which was lodged on 18.07.2024 for the alleged incident dated 16.07.2024 without explaining the delay. In the impugned F.I.R., all the family members of the husband of the victim (since deceased) have been made accused including the present applicant, who is brother-in-law (Nandoi) of the victim (since deceased). The present applicant has got no concerned with the family affairs of his brother-in-law (Sala) or his family. He never demanded any dowry from the victim (since deceased) or her family as he could have not demanded such dowry. This is a case where all the family members, even the distant family members, are implicated having ulterior motives and extraneous design. 6. Learned counsel for the applicant has stated that the mother- in-law (Vidya Rani) of the victim (since deceased) has been granted anticipatory bail by this Court vide order dated 25.10.2024 passed in Criminal Misc. Anticipatory Bail Application (U/S 482 BNSS) No.76 of 2024; Vidya Rani vs. State of U.P. and two others, therefore, on the basis of principles of parity, the present applicant may also be granted anticipatory bail. During the course of investigation, the present applicant has not been arrested and he cooperated in the investigation. Now the charge-sheet has been filed. The present applicant is having permanent address, therefore, there is no flight risk. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that if his liberty is protected, he shall not misuse the liberty of anticipatory bail and shall co-operate in the trial proceedings in the same manner as he cooperated in the investigation, therefore, his liberty may be protected in the light of the dictum of Apex Court rendered in the case in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 7. On the other hand, learned Additional Government Advocate has opposed the aforesaid request of learned counsel for the applicant by submitting that the allegations of demanding dowry and torture have been levelled against the present applicant also, though he is brother-in-law (Nandoi), therefore, his anticipatory bail application may be rejected. 8. Having heard learned counsel for the parties and having perused the material available on record, considering the fact that there is delay in lodging the impugned F.I.R.; the fact that all the family members of the husband of the victim (since deceased) have been made accused including the present applicant, who is brother-in-law (Nandoi) of the victim (since deceased); the present applicant has got no concerned with the family affairs of his brother-in-law (Shala) or his family; the co- accused, Vidya Rani has been granted anticipatory bail by this Court vide order dated 25.10.2024 (supra), the present applicant is having his permanent address, therefore, there is no flight risk, he is having no prior criminal history; the undertaking that he shall not misuse the liberty of anticipatory bail and shall co- operate in the trial proceedings properly, I find it appropriate that liberty of the present applicant may be protected till conclusion of trial in view of the dictum of Hon'ble Apex Court rendered in re: Sushila Aggarwal Vs. State (NCT of Delhi)- 2020 SCC online SC 98. 9. Therefore, it is directed that in the event of arrest, applicant (Dinesh Singh) shall be released on anticipatory bail in the aforesaid case crime number till conclusion of trial on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Arresting Authority/ court concerned with the following conditions:- (i) that the applicant shall appear before the trial court on each date fixed unless his personal presence is exempted; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without prior permission of the court; (iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the anticipatory bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. In view of the aforesaid terms, this anticipatory bail application is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 29.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench