Neutral Citation No. - 2025:AHC-LKO:48828 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 892 of 2025 Applicant :- Sushila Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in CRIME NO. 255/2018, UNDER SECTION 306 I.P.C., POLICE STATION KOTWALI UTRAULA, DISTRICT BALRAMPUR. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is argued that the essential ingredients to constitute an offence under Section 306 IPC are lacking. The applicant is a lady with no criminal antecedents. It is further submitted that Writ Petition No. 31850 (M/B) of 2019 was filed by the applicant before the Division Bench of this Court, which came to be disposed of vide order dated 23.01.2020. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned AGA has opposed the bail application. Perused the record. A perusal of the record as well as the order dated 23.01.2020 shows that the petitioner/applicant was granted 15 days’ time to avail the remedy of anticipatory bail. The relevant portion of the order reads as under: Accordingly, fifteen days' time from today is allowed to the petitioner for approaching court concerned and availing the remedy in pursuance of F.I.R. dated 31.10.2018 registered as F.I.R. No.0255 of 2018 registered under Section 304 I.P.C. , Police Station Utraula District Balrampur. Till the said period of fifteen days, petitioners shall not be arrested in aforesaid case crime. The record further indicates that the present anticipatory bail application has been filed in the year 2025, whereas, vide order dated 23.01.2020, he was directed to approach the court below within 15 days by moving an anticipatory bail application. The record further shows that the applicant has been absconding for the last five years, which has resulted in delay of the trial. The postmortem report discloses two antemortem injuries on the deceased. The viscera report confirms that the deceased had consumed aluminium phosphide. There is also direct eyewitness account of Jhokhran, Jagrani, Chinka, and Lallan Yadav. The offence alleged is serious in nature, and there appears to be no reason for false implication of the applicant. In view of the above discussion, the anticipatory bail application is hereby dismissed. Order Date :- 20.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench