Neutral Citation No. - 2025:AHC-LKO:7377 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 169 of 2025 Applicant :- Nageena Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Akhilesh Pandey, learned counsel for the applicant and Sri Arun Kumar Verma, learned Additional Government Advocate for the State. 2.This anticipatory bail application has been filed by the present applicant (Nageena) apprehending her arrest in Case Crime No.248 of 2023, under Sections 498-A & 306 I.P.C., Police Station-Haidarganj, District-Faizabad/ Ayodhya. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). 4. Learned counsel for the applicant has submitted that there is no material or evidence with the prosecution to suggest that the present applicant has instigated her daughter-in-law to commit suicide. As a matter of fact, the relevant ingredients of Section 306 I.P.C. are missing. So far as the role of the present applicant is concerned, she was having good and cordial relation with her daughter-in-law and she is absolutely unaware as to why her daughter-in-law committed suicide. 5. Attention has been drawn towards Annexure No.4 of the bail application which is bail order dated 12.03.2024 granted by this Court to son of the present applicant passed in Criminal Misc. Bail Application No.2723 of 2024; Rajendra Mishra vs. State of U.P.. Investigation is pending. The present applicant is having no prior criminal history of any kind whatsoever. The present applicant is having permanent address, therefore, there is no flight risk. He has undertaken on behalf of the present applicant that if her liberty is protected, she shall not misuse the liberty of anticipatory bail and shall co-operate in the investigation properly, therefore, her 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. 6. On the other hand, learned Additional Government Advocate has opposed the aforesaid request of learned counsel for the applicant and submitted that son of the present applicant has been granted regular bail, therefore, the present applicant should file her regular bail application. However, learned Additional Government Advocate, on the basis of information, has stated that no proclamation etc. has been issued against the present applicant. 7. Having heard learned counsel for the parties and having perused the material available on record, considering the arguments that there is no material or evidence with the prosecution to suggest that the present applicant has instigated her daughter-in-law to commit suicide, as a matter of fact the relevant ingredients of Section 306 I.P.C. are missing; the present applicant is having her permanent address, therefore, there is no flight risk; she is having no prior criminal history; the undertaking that she shall not misuse the liberty of anticipatory bail and shall co-operate in the investigation properly, without expressing any opinion on merits of the case, I find it appropriate that liberty of the present applicant may be protected till completion of the investigation and filing of the police report 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. 8. Therefore, it is directed that in the event of arrest, applicant (Nageena) shall be released on anticipatory bail in the aforesaid case crime number till completion of investigation and filing of the police report on her 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 remain present before the Investigating Officer on 08.02.2025 at 11:00 a.m. to cooperate in the investigation and shall further appear before the Investigating Officer to cooperate in the investigation, failing which, this interim protection may be withdrawn on the application filed by the State or the complainant/ informant. (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 investigation/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. 9. In view of the aforesaid terms, this anticipatory bail application is disposed of finally. . [Rajesh Singh Chauhan,J.] Order Date :- 5.2.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench