Neutral Citation No. - 2025:AHC-LKO:11489 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 156 of 2025 Applicant :- Asha Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Sudhir Kumar Rai, learned counsel for the applicant and Sri Arun Kumar Verma, learned Additional Government Advocate for the State. 2. In view of the proposed order, the notice to the opposite party No.2 is hereby dispensed with. 3. As per learned counsel for the applicant, the present applicant (Asha Devi) is apprehending his arrest in Case Crime No.546 of 2024, under Sections 85 & 108 of Bharatiya Nyaya Sanhita, 2023, Police Station-Kotwali, District-Unnao. 4. Learned counsel for the applicant has stated 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.). 5. Attention has been drawn towards the impugned F.I.R. which has been lodged on 08.08.2024 for the alleged incident dated 05.08.2024 without explaining the delay. In the impugned F.I.R., the entire family members have been implicated on the allegation of demand of dowry and torture. The present applicant is a sister-in-law (Jethani) of the victim (since deceased). She has not committed any offence. As a matter of fact, she had nothing to do with the family affairs of his sister- in-law (Devrani) (since deceased). Cause of death is Asphysix due to antemortem hanging and except the ligature mark there is no injury mark on the body of the deceased. 6. Further attention has been drawn towards Annexure No.10 of the application, which is an order dated 19.09.2024 passed by this Court in Criminal Misc. Bail Application No.9939 of 2024, granting bail to the husband of the deceased (Vishal). Investigation is going on. The present applicant being a lady her liberty may be protected. She is having permanent address, therefore, there is no apprehension of 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 her liberty is protected, she shall not misuse the liberty of anticipatory bail and shall co-operate in the investigation properly and if the charge-sheet has been filed against her, she shall cooperate in the trial proceedings 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 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 she is sister-in-law (Jethani), therefore, her 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. which has not been explained; the fact that all the family members of the husband of the victim (since deceased) have been made accused for demand of dowry and torture, the present applicant has got no concerned with the family affairs of her sister-in-law (Devrani); the co-accused, Vishal has been granted regular bail by this Court vide order dated 19.09.2024 (supra), 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 and if the charge-sheet has been filed against her, she shall cooperate in the trial proceedings properly, I find it appropriate that liberty of the present applicant may be protected till completion of investigation and till 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. 9. Therefore, it is directed that in the event of arrest, applicant (Asha Devi) 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 appear before the Investigating Officer as and when she is called for; (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 allowed. . [Rajesh Singh Chauhan,J.] Order Date :- 24.2.2025 Suresh/ Digitally signed by :- RAJESH SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench