Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8517 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Pramod Kumar Sahani, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned AGA for the State and perused the record. 2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No.84 of 2025, under Sections 85, 108 IPC, Police Station- Ahirauli, District- Kushinagar. 3. Contention of learned counsel for the applicant is that the applicant is mother-in-law of the deceased and in the FIR and in the statement of first informant, general allegations have been made against entire family members for harassing the deceased for non-fulfillment for demand of dowry. However, in the second statement, first informant clearly stated that it is husband of the deceased Satya Narain, who was continuously harassing the deceased for non-fulfillment of demand of dowry, therefore, the applicant being family members of the husband has been falsely implicated though there is no incriminating material against him. The applicant is lady and has no criminal history. In case, she is released on anticipatory bail, she will cooperate in the investigation. 4. Learned A.G.A. has opposed the prayer for anticipatory bail. 5. Thus, without expressing any opinion on the merits of the case and considering the nature of accusations, gravity of offence and antecedents of applicants, this Court is of the view that the applicant is entitled to get anticipatory bail till submission of charge sheet under Section 193 BNSS as per the Constitution Bench judgment of the Apex Court in the case of Versus Counsel for Applicant(s) : Pramod Kumar Sahani Counsel for Opposite Party(s) : G.A. Kismati Devi .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. 6.
6. In the event of arrest, the applicant Kismati Devi involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court; (iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation. (v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail. 8. With the aforesaid observations/directions, the application stands disposed of. October 17, 2025 A.Kr. NABAIL No. 8517 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad