HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 742 of 2025 Court No. - 27 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present anticipatory bail application is filed by the applicant involved in Case Crime No.122 of 2025, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, Police Station - Mohmoodabad, District - Sitapur. 3. On 4.7.2025, following order was passed :- 1. Heard Sri Narendra Gupta, learned counsel for the applicant and Sri Arun Verma, learned AGA for the State. 2. Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record. 3. At the very outset, learned counsel for the applicant has requested that he may be permitted to implead the complainant as opposite party no.2 during the course of the day. 4. Considering the aforesaid request, learned counsel for the applicant is permitted to implead the complainant with complete detail as opposite party no.2 during the course of the day. 5. Issue notice to opposite party no.2 returnable at an early date. 6. Steps within a week. Office to proceed accordingly. 7. As per learned counsel for the applicant, the present applicant is Versus Counsel for Applicant(s) : Narendra Gupta Counsel for Opposite Party(s) : G.A. Najiya .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) apprehending her arrest in Case Crime No.122 of 2025, under Sections 85, 80 (2) of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station - Mahmoodabad, District - Sitapur. 8. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as she has not committed any offence as alleged. The present applicant is unmarried daughter-in-law (Nanad) of the deceased and she had nothing to do with the family affairs of her brother or her sister-in-law. So as to implicate the entire family, she has been implicated. No specific allegation has been levelled against the present applicant. Investigation is going on. Learned counsel has further submitted that the applicant undertakes that she shall not misuse the liberty of anticipatory bail, if granted by this Court and shall abide by all terms and conditions of the order. Further, she shall cooperate in the investigation. Therefore, liberty of the present applicant may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98. 9. Let counter affidavit be filed within a period of six weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter. 10. List in the week commencing 15th September, 2025. 11. Till the next date of listing, it is directed that in the event of arrest, applicant- Najiya shall be released on interim anticipatory bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the present applicant shall appear before the Investigating Officer concerned on 10.07.2025 at 11:00 A.M. sharp to cooperate in the investigation and shall further cooperate in the investigation till filing of the police report failing which this interim protection may be withdrawn. II. that 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 or tamper with the evidence; III. that the applicant shall not leave India without previous permission of the court; IV. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; NABAIL No. 742 of 2025 2 V. that the applicant shall not pressurize/ intimidate the prosecution witnesses. 4. Counter affidavit has already been filed by learned A.G.A. duly signed by Mr. Vishal Gupta, Circle Officer, Sadar, Sitapur dated 6.8.2025 but the status of investigation has not been explained. 5. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. He further submits that the applicant never misused the liberty of interim bail and is ready to cooperate in the trial. In such circumstances, applicant is entitled for protection of this Court under the provisions of anticipatory bail and the present bail application may be allowed. 6. Learned A.G.A. opposes the prayer of the applicant, but does not dispute the fact that the applicant, namely, Najiya was granted interim anticipatory bail vide order dated 4.7.2025 and never misused the liberty of interim bail. 7. Considering the arguments of the learned counsel for the applicant, learned A.G.A. and gone through the contents of the F.I.R., bail application as well as earlier order passed by this Court dated 4.7.2025, it is evident that applicant was on interim bail during the course of investigation and she never misused the liberty of the same, accordingly, the present application for anticipatory bail is allowed in terms of order dated 4.7.2025. 8. It is also expected from the Investigating Officer that he shall submit the police report to the court concerned expeditiously, if it is not forwarded. October 6, 2025 GauraV/- NABAIL No. 742 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench