Neutral Citation No. - 2025:AHC-LKO:37239 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 735 of 2025 Applicant :- Smt. Sheela Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Akhilendra Kumar Goswami,Rohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri A.K. Goswami, learned counsel for the applicant and Dr. Surendra Singh, learned AGA for the State. 2. This anticipatory bail application has been filed by the present applicant apprehending her arrest in F.I.R./Case Crime No. 46 of 2017, under Section 306 I.P.C., Police Station- Paraspur, District- Gonda. 3. 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 prosecution story. The present applicant had not instigated the victim to commit suicide. As a matter of fact, there is no overt act on her part to instigate or abet the victim to commit suicide. Therefore, prima facie, the ingredients of Section 306 IPC do not make out. She is the mother-in-law of the victim (since deceased). 4. Attention has been drawn towards Annexure No. 9, which is anticipatory bail order granted by a coordinate bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. 449 of 2025 vide order dated 25.4.2025 in favour of the husband of the present applicant. Therefore, she is seeking parity with her husband. 5. Learned counsel for the applicant has submitted that the present applicant being an old lady undertakes that she shall participate in the trial proceedings pending before the trial court and shall not misuse the liberty, if protected by this Court. Therefore, liberty of the present applicant may be protected in the light of the dictum of the Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 6. Learned AGA has opposed the prayer for anticipatory bail but could not dispute the aforesaid submissions of the learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record and also considering the fact that the husband of the present applicant has already been granted anticipatory bail by a coordinate bench of this Court; she is an old aged lady giving her undertaking that she shall cooperate in the trial proceedings and shall not misuse the liberty of anticipatory bail, if granted, I find it appropriate that the liberty of the present applicant may be protected in the light of the dictum of the Apex Court in re: Sushila Aggarwal (supra). If charges are framed against the present applicant, she shall participate in the trial proceedings and the anticipatory bail is granted to her till conclusion of the trial. 8. Therefore, it is directed that in the event of arrest, the applicant- Smt. Sheela shall be released on anticipatory bail in the aforesaid case crime number till conclusion of trial on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court/ court concerned with the following conditions:- (i). that the applicant shall appear before the trial court on each date fixed unless her 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 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. Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly. 10. In view of the aforesaid terms, this anticipatory bail application is allowed. Order Date :- 2.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench