HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 922 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed by the applicant apprehending her arrest in case crime No. 0227 of 2023, under Sections 306, 323, 504 & 506 IPC, Police Station Kotwali Sadar, District Unnao. 2. Heard learned counsel for the applicant as well as learned AGA for the State. 3. Notice to the complainant is dispensed with in view of the proposed order. 4. In the prosecution case, it is alleged that 11 persons, including the present applicant, were named in an FIR dated 12.03.2023. The allegation is that the informant’s son, who was married to co-accused Shubham on 23.01.2022, committed suicide by consuming poison and later died on 25.03.2023 while undergoing treatment in the hospital. In the suicide note, specific allegations have been made only against co-accused Chandni and Raj Dhunak. 5. Learned counsel for the applicant submits that the applicant is the paternal aunt (bua) of Chandni, the wife of the deceased. In the suicide note, which is part of the record, specific allegations are made only against Chandni and Raj Dhunak, both of whom have already been granted anticipatory bail, copies of which have been filed as Annexure No. 4 to the bail application. 6. It is further submitted that a perusal of the suicide note shows that only Versus Counsel for Applicant(s) : Anil Kumar Sharma Counsel for Opposite Party(s) : G.A. Avadh Kumari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) general allegations have been levelled against the applicant along with other co-accused persons. During the course of investigation, the applicant was granted interim protection vide order dated 22.06.2023 in Criminal Misc. Writ Petition No. 4842 of 2023. She was not arrested during investigation, and now the charge sheet has been submitted. The applicant, however, apprehends arrest. 7. It is also submitted that the applicant has cooperated during the course of investigation and undertakes to cooperate in the trial. 8. Learned AGA has vehemently opposed the application for anticipatory bail but could not dispute that the allegations against the applicant are of general nature. 9. Perused the record. 10. Prima facie, from the suicide note, the ingredients necessary to constitute an offence under Section 306 IPC appear to be missing. Coupled with the anticipatory bail orders already granted to the co-accused named above, and the interim protection earlier granted by the Division Bench of this Court, no useful purpose would be served by sending the applicant to custody, particularly when the charge sheet has already been filed. 11. In view of the facts and circumstances discussed above, and considering the undertaking given on behalf of the applicant to cooperate in the investigation, I am of the considered opinion that the applicant is entitled to anticipatory bail in the light of the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to the applicant’s cooperation in the investigation. 12. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon her surrender, the trial court shall release her on anticipatory bail, subject to her furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the ABAIL No. 922 of 2025 2 Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 13. 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 her independent opinion based on the testimony of the witnesses. 14. In view of the aforesaid, the application is allowed. August 26, 2025 R.C. ABAIL No. 922 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench