Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1287 of 2025 Applicant :- Hashmeen Opposite Party :- State of U.P. Counsel for Applicant :- Gayyoor Ali,Noor Ahmed Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri Shashank Shekhar Pandey, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.440 of 2023, under sections 498-A, 304-B, 506, 120-B I.P.C. and Section 3/4 D.P.Act, Police Station Jhijhana, District Shamli during the pendency of trial. 3. Counsel for the applicant submits that the applicant is the mother-in-law of the deceased and has been falsely implicated in the instant case. The incident is alleged to have occurred on 29.10.2023. The first information report was lodged on 01.11.2023. The postmortem of the deceased was conducted on 31.10.2023. The informant is one of the panch witness. As per the postmortem report, no external injury was found on the body of the deceased. In the opinion of the doctor, the cause of death could not be ascertained and viscera was sent to the Forensic Science Laboratory for chemical analysis. The Forensic Science Laboratory did not submit any report. The husband of the deceased (son of the applicant) was arrested. Charge sheet was submitted against him, and the trial commenced. During the course of trial, the informant was examined as PW-1, he 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. The informant (PW- 1) was declared hostile by the court concerned. In such circumstances, it is contended that 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, in particular that fact that during the course of trial against the son of the applicant (husband of of the deceased) the informant (PW-1) has not supported the prosecution version, 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 Hashmeen 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 19.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad