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. - 8559 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application has been filed by the applicant seeking bail in anticipation of her arrest in Case Crime No. 182 of 2025, under section 108 of B.N.S., Police Station - Akrabad, District - Aligarh. 3. Contention of counsel for the applicant is that in the F.I.R. the allegation has been made that the applicant who is wife of the deceased was having illicit relationship with co-accused Anshul and for that reason the deceased consumed poison and subsequently died. It is further submitted that such allegation will not attract the ingredients of Section 109 B.N.S. It is further submitted that co-accused Anshul has already been enlarged on anticipatory bail by the coordinate Bench of this Court in Anticipatory Bail Application No. 7702 of 2025. Therefore, the applicant may also be released on anticipatory bail. 4. Learned A.G.A. has opposed the prayer for anticipatory bail, but could not dispute the aforesaid fact. 5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations as well as gravity of offence, the applicant is entitled to get anticipatory bail till submission of charge sheet as per the Constitution Bench judgment of the Apex Court in the case of Versus Counsel for Applicant(s) : Jitendra Kumar, Keshav Hari Dixit, Purushottam Dixit Counsel for Opposite Party(s) : G.A. Kiran .....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. Considering the aforesaid submissions of learned counsel for the parties and taking into account the nature of allegation and that the co-accused has already been released on anticipatory bail, in the event of arrest, the applicant Kiran, involved in the aforesaid crime, shall be released on anticipatory bail till conclusion of the investigation 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 herself 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 Vandana NABAIL No. 8559 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad