Neutral Citation No. - 2025:AHC:24232 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1275 of 2025 Applicant :- Hemani Sharma Alias Hemani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Tej Kulshrestha,Vinay Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 378 of 2023, under sections 498-A, 304-B I.P.C. and Section 3/4 D.P.Act, Police Station Kandhla, District Shamli during the pendency of trial. 3. Counsel for the applicant submits that the applicant is the unmarried sister-in-law of the deceased and has been falsely implicated in the instant case. As per the postmortem report, no external injury was found on the body of the deceased. Viscera was preserved. As per the report of the Forensic Science Laboratory, Ghaziabad, no poison was found. It is further contended that the informant in his second statement to the police stated that the deceased was not subjected to cruelty in connection with demand of dowry. The first information report was lodged at the instance of the villagers. At this stage, there is no credible evidence to link the applicant with the offence. The applicant is a lady and has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest and in case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, as per the postmortem report, no external injury was found on the body of the deceased, viscera was preserved, as per the report of the Forensic Science Laboratory, Ghaziabad, no poison was found, the informant in his second statement to the police stated that the deceased was not subjected to cruelty in connection with demand of dowry, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Hemani Sharma @ Hemani involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 19.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad