HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1284 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed by the applicant apprehending his arrest in F.I.R. No.- 0102/2024 U/section 306 of the Indian Penal Code, 1860, P.S.- Kamrouli, District- Amethi. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. In the prosecution case, it is alleged that the informant’s daughter was married to the applicant on 11.03.2012. Two children were born out of the wedlock, aged about 9 years and 8 years. On 30.06.2024 at about 7:00 p.m., the informant was informed that his daughter was unwell and was being taken to the hospital. On the way to Jagdishpur, after speaking to the applicant, he came to know that his daughter had died. It is further alleged that the applicant was having an illicit relationship with one Ms. Nisha Shukla, and due to this, he subjected the deceased to cruelty and beatings, which ultimately drove her to commit suicide. 4. Learned counsel for the applicant submits that the applicant has no criminal antecedents. The marriage is more than 12 years old. The deceased, owing to poor health, remained depressed and committed suicide at a time when the applicant was not at home. He has been falsely implicated in this case. It is further submitted that the applicant was present during the inquest proceedings, and the FIR has been lodged after an inordinate delay of 9 Versus Counsel for Applicant(s) : Pankaj Kumar Tiwari Counsel for Opposite Party(s) : G.A. Raj Mani Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Of U.P. Lko. .....Opposite Party(s) days. 5. It is also submitted that the applicant has cooperated during the course of investigation and undertakes to cooperate in the trial. 6. Learned A.G.A. has opposed the bail application, however, he has not been able to dispute the fact that the applicant was present during the inquest and there is a delay of 9 days in lodging of the FIR. 7. Having considered the submissions advanced and upon perusal of the record, prima facie, ingredients necessary to attract the offence under Section 306 IPC are lacking and in view of the undertaking furnished on behalf of the applicant to cooperate in the trial, this Court is of the opinion that the applicant is entitled to the benefit of anticipatory bail, in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the trial. 8. 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 his surrender, the trial court shall release him on anticipatory bail, subject to his 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 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. NABAIL No. 1284 of 2025 2 9. NABAIL No. 1284 of 2025 2 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. In view of the aforesaid, the application is allowed. September 17, 2025 R.C. NABAIL No. 1284 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench