HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 890 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Vakalatnama filed by Ms. Swatantra Lata on behalf of complainant is taken on record. 2. Counter affidavit filed by State is also taken on record. 3. The present bail application has been filed by the applicants apprehending their arrest in Case Crime No.185 of 2025, under Section 108 of BNS, Police Station Ram Nagar, District- Barabanki. 4. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State. 5. The Co-ordinate Bench of this Court vide order dated 28.07.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Ms. Nisha Srivastava, learned counsel for the applicant and Shri Bhanu Pratap Singh, learned A.G.A. for the State. 2. At the very outset, learned counsel for the applicant has requested that she may be permitted to implead the complainant/ informant as opposite party no.2 with complete/ full details. 3. Considering the aforesaid request, learned counsel for the applicant is permitted to implead the complainant/ informant with complete/ full details as opposite party no.2. Versus Counsel for Applicant(s) : Nisha Srivastava Counsel for Opposite Party(s) : G.A. Geeta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 4. Issue notice to opposite party no.2. 5. Steps within a week. 6. Office to proceed accordingly. 7. By means of this application, the present applicant is apprehending her arrest in Case Crime/ FIR No.185 of 2025, under Section 108 of BNS, Police Station Ram Nagar, District- Barabanki. 8. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as she has not committed any offence as alleged in the First Information Report (in short FIR). 9. Learned counsel for the applicant has stated that even if the prosecution story so narrated in the FIR, there is no overt or positive act of the present applicant to instigate or abet the victim to commit suicide, therefore, prima facie, the ingredients of Section 108 BNS are not attracted in the present case, however, the aforesaid fact may be tested during the course of trial. The victim, who committed suicide, was said to have cordial relation with the son of the present applicant and she committed suicide in one small house situated outside the village, which was locked and provided to the applicant under Pradhan Mantri Awas Yojana. The present applicant has absolutely unaware as to how and why the victim committed suicide. She being a lady undertakes that she will cooperate in the investigation and shall not misuse the liberty of anticipatory bail, if granted, therefore, the aspect of liberty 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. 10. Matter requires consideration. 11. Let counter affidavit be filed within a period of four weeks. 12. List this matter in the week commencing 01.09.2025 within top ten cases. 13. Till the next date of listing, it is directed that in the event of arrest, applicant Geeta shall be released on interim anticipatory bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the present applicant shall appear before the Investigating Officer on NABAIL No. 890 of 2025 2 31.07.2025 at 11:00 AM sharp to cooperate in the investigation and shall further cooperate in the investigation till completion of the investigation and filing of the police report, failing which, this interim order may be vacated on the next date. II. that the applicant shall make herself available for interrogation by a police officer as and when required; III. 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; IV. that the applicant shall not leave India without the previous permission of the court; V. that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; VI. that the applicant shall not pressurize/ intimidate the prosecution witness. " 6. Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 28.07.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. 7. Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the bail application. 8. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 28.07.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. NABAIL No. 890 of 2025 3 9. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 10. In view of the aforesaid, the application is allowed. September 1, 2025 Saurabh Yadav/- NABAIL No. 890 of 2025 4 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench