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Neutral Citation No. - 2025:AHC:44270 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2061 of 2025 Applicant :- Smt Archana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madhu Sudan Dwivedi,Shrawan Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today, is taken on record. 2. Heard Sri Shrawan Dwivedi, learned counsel for the applicant and learned AGA for the State and perused the material placed on record. 3. This anticipatory bail application has been moved seeking bail in Case Crime No. 319 of 2024, under Sections 498-A, 323, 306 I.P.C. and Section 3/4 of DP Act, P.S. Ghatampur, District Kanpur Nagar, till the conclusion of trial. 4. Counsel for the applicant submits that applicant has been falsely implicated in the present case. Applicant is mother-in-law of the deceased having no concern with the alleged incident. Co-accused, Daya Shankar, has been granted anticipatory bail till submission of police report by co-ordinate Bench of this Court vide order dated 24.01.2025 and applicant's case is on better footing than co- accused. No specific role has been assigned to the applicant. No charge sheet has been submitted against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, she would not misuse the liberty of bail and would co-operate with the investigation. 5. Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted. 6. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT
of Delhi)-2020 SCC Online SC 98. 7.
Let the applicant- Smt. Archana, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 193(3) (i) BNSS, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court 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 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 and if he has passport, the same shall be deposited before the S.S.P./S.P. concerned.
8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
10. The instant anticipatory bail application stands allowed.
Order Date :- 1.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad