Neutral Citation No. - 2025:AHC-LKO:49162 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 62 of 2024 Applicant :- Smt. Vimla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per the office report, the notice to the complainant is served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 212/2024, under Sections 85, 108 BNS, P.S. Motiganj, District Gonda. This Court vide order dated 1.10.2024 has passed the following order while granting interim anticipatory bail to the applicant:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 212/2024, under Sections 85/108 BNS, P.S. Motiganj, District Gonda. As per the prosecution case, it is alleged that daughter of the informant was married with the son of the applicant 11 years ago. Out of the wedlock, they have blessed with two children, one has died and the other is 8 months old. For the last one year, a motorcycle was being demanded as dowry which due to financial incapacity, could not be given by the informant. Due to non-fulfillment of dowry, the victim was subjected to beating and cruelty. On 22-23/07/2024, the informant received a call from the accused persons that the condition of the victim is serious and she has been brought by them to O.N. Pandey Hospital, Gonda. In the meantime, a relative called him and told him that the victim has been done to death by the accused persons and they should rush soon otherwise they will cremate her. Upon reaching at the place of incident, he found the victim died. 112 was dialed and police took dead body for the postmortem to Gonda. Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. Except general and sweeping allegations, there is no specific allegation against the applicant. The victim was married 11 years ago with the son of the applicant. In the postmortem, cause of death is asphyxia as a result of antemortem hanging. In the inquest, the complainant and son of the applicant was present as inquest witnesses, however, no allegation was made at that time. During the postmortem also, parties were present, still, no allegation was made and afterthought, FIR has been lodged. The applicant has been falsely implicated. Learned counsel for the applicant submits that the applicant is not a previous convict; she has no criminal antecedents and she undertakes to cooperate in the investigation. Issue notice to respondent No. 2. Steps be taken within a week. Learned AGA has opposed the bail application. Investigation against the applicant is pending. List on 06.11.2024. In the meantime, learned AGA shall file counter affidavit. On due consideration to the fact that the applicant is a lady; she has no criminal antecedents; in the postmortem there is no other injury except ligature mark; son of the applicant was arrested during investigation and also the undertaking given by the applicant that she will cooperate in the investigation and considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall report to the investigating officer within twenty days from today. She shall cooperate in the investigation and she will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties. She has duly cooperated in the investigation. Charge-sheet in the case has already been filed. She has not misused the liberty of interim anticipatory bail granted by this Court. She undertakes to cooperate in the trial and in case, she is enlarged on anticipatory bail, she shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge- sheet in the case has already been filed, the applicant has not misused the liberty of anticipatory bail granted by this Court coupled with the undertaking given by the applicant that she will cooperate in the trial, the interim protection granted by this Court vide order dated 1.10.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 21.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench