HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1061 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present bail application has been filed by the applicant apprehending her arrest in Case Crime No.46 of 2020 under Sections 498-A, 323, 304-B Indian Penal Code and Section 3/4 Dowry Prohibition Act, Police Station Maharajganj Tarai, District Balrampur. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. Notices to respondent no. 2 are dispensed with in view of the proposed order. 4. In the prosecution case, it is alleged that the sister of the informant was married to Guddu about three years ago. It is stated that due to demand of dowry, she used to be beaten by the named accused persons. The informant convinced his sister that everything would be alright. On 16.04.2020, it is alleged that the named accused persons badly assaulted the deceased and, as her condition deteriorated, they took her to Balrampur Hospital. The villagers informed the informant regarding the incident and expressed apprehension of any untoward happening to the deceased. 5. Learned counsel for the applicant submits that only general and sweeping allegations have been levelled against the applicant in the statement of the complainant under Section 161 Cr.P.C. as well as other prosecution witnesses. The cause of death, as per the post-mortem report, is asphyxia as Versus Counsel for Applicant(s) : Piyush Kumar Singh Counsel for Opposite Party(s) : G.A. Sundarpata .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) a result of antemortem hanging. During investigation, the Investigating Officer did not find complicity of the applicant and, accordingly, charge- sheet was not filed against her. The applicant is mother-in-law of the deceased. The applicant has, however, been summoned under Section 319 Cr.P.C. on the basis of the statements of PW-1 and PW-4, though even in those statements only general allegations have been levelled. It is further submitted that the site plan prepared by the Investigating Officer shows that the applicant was living separately from the deceased. The applicant has no criminal history. 6. Learned A.G.A. has opposed the prayer for bail of the applicant. 7. On due consideration to the overall facts and circumstances, particularly the fact that while filing the charge-sheet the name of the applicant was dropped by the Investigating Officer, she was not arrested during investigation, she has cooperated throughout, and that his summoning under Section 319 Cr.P.C. is based only on general and sweeping statements of PW-1 and PW-4, this Court finds that no useful purpose would be served by sending the applicant to jail at this stage as also the cause of death has been opined as asphyxia due to antemortem hanging, and there is no direct allegation supported by medical or investigative material to establish her involvement. 8. Accordingly, in light of the judgment of Musheer Alam v. State of U.P., [(2025) SCC OnLine SC 116], and without entering into the merits of the case, it would be appropriate to grant anticipatory bail to the applicant. Since, charge-sheet in the matter has been filed, the applicant is directed to surrender himself before the trial court within twenty days from today. In case of such surrender, the trial court shall enlarge the applicant Sundarpata on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- (i) 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 tamper with the evidence; ABAIL No. 1061 of 2025 2 (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 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 23, 2025 R.C. ABAIL No. 1061 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench