Neutral Citation No. - 2025:AHC-LKO:7452 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 167 of 2025 Applicant :- Avnish Kumar Opposite Party :- State Of U.P. Thru Principal Sec. Home And Another Counsel for Applicant :- Ashok Kumar,Chandra Prakash Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. This petition has been filed through E-mode and the learned counsel for the applicant has provided photocopy of the hard copy of the petition, same is taken on record. 2. Heard Sri Ashok Kumar, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State. 3. In view of the proposed order, notice to the opposite party no. 2 is hereby dispensed with. 4. The present applicant is apprehending his arrest in case crime no. 371 of 2024, under Sections 85, 80 of BNS and Section 3/4 of DP Act, P.S. Neemgaon District Lakhimpur Kheri. 5. Learned counsel for the applicant has submitted that the present applicant is brother-in-law (Dewar) of the deceased. By means of the impugned First Information Report, the entire family has been implicated. The present applicant had nothing to do with the family affairs of his brother or his wife (since deceased). He had never tortured the deceased nor demanded any dowry from her or her family members. Since, the cause of death could not be ascertained, therefore, the viscera has been preserved. No coercive measure has been adopted against the applicant. Further, the investigation is going on and the applicant undertake that he shall cooperate in the investigation and shall not misuse the liberty of anticipatory bail, if granted. 6. Having considered the aforesaid submissions of learned counsel for the parties and having perused the material available on the record; the fact that the investigation is going on against the present applicant; the present applicant is brother-in-law (Dewar), no coercive measure has been adopted against the applicant and the undertaking that he shall not misuse the interim protection of anticipatory bail and shall co-operate in the investigation properly, I find it appropriate that liberty of the present applicant may be protected till completion of the investigation or filing of the police report under Section 173 (2) Cr.P.C. in view of the dictum of Apex Court rendered in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 7. Therefore, it is directed that in the event of arrest the applicant (Avnish Kumar) shall be released on anticipatory bail in the aforesaid case crime number, till completion of investigation or filing of the police report under Section 173 (2) Cr.P.C., on his furnishing a personal bond in the like amount to the satisfaction of the arresting authority/ court concerned and two sureties of Rs.50,000/- each with the following conditions:- (i) The applicant shall appear before the Investigation Officer on 8.2.2025 at 11.00 A.M. to cooperate in the investigation and he shall not misuse the liberty of bail, failing which this protection may be withdrawn. The applicant shall make himself available for interrogation by the police officer as and when required; (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 the applicant shall appear before the Investigating Officer/ Trial Court on each date fixed unless personal presence is exempted; (vi) that in case of breach of any of the above conditions, the protection may be withdrawn; (vii) 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. 8. Accordingly, the application is disposed of. Order Date :- 5.2.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench