Neutral Citation No. - 2025:AHC:47854 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2525 of 2025 Applicant :- Dr. Richa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Vakalatnama filed today by S/Sri Sumant Kumar Tiwari & Abhishek Chauhan, Advocates, on behalf of the opposite party no.2 is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. The instant anticipatory bail application has been moved by the applicant for enlarging her on bail in Case Crime No.296 of 2024, under Section 306 I.P.C., Police Station Chiluwatal, District Gorakhpur. 4. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is wife of the deceased. Allegation in the FIR is that deceased has been tortured by the applicant and her family members after marriage. Marriage was solemnized in the year 2017. Thereafter some dispute arose between the applicant and deceased in regard to matrimonial discord and thereafter applicant lodged FIR under sections 498-A, 323, 504, 506, 452 I.P.C. & 3/4 Dowry Prohibition Act. Applicant also initiated proceeding under section 12 Domestic Violence Act against the opposite party no.2. Applicant is a doctor and deceased was also doctor and suicide note was recovered near the body of the deceased wherein the deceased has made allegation against the father of the applicant. There is no allegation in regard to torture against the applicant. Learned counsel for the applicant next submitted that the applicant is a lady and investigation is going on against the applicant. 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 cooperate with the investigation. 5. Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail and has submitted that the applicant is wife of the deceased and after marriage she has mentally tortured the deceased which instigated the deceased to commit suicide and moreover false report has registered against the opposite party no.2 in regard to demand of dowry. She has instigated the son of opposite party no.2 to commit suicide. From the record, it is also apparent from the suicide note wherein deceased has made allegation against the applicant in regard to torture and compelling circumstance to commit suicide. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected. 6. The object of Section 482 B.N.S. is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. 7. It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 8. Considered the arguments of both the parties. From the record, it is apparent that the applicant is wife of the deceased. She has initiated proceeding in regard to torture and demand of dowry against the deceased. Applicant is wife of the deceased, who is also doctor. Applicant is named in the FIR. It is not a case of false implication. Suicide note was also supporting the prosecution case. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case. 9. Accordingly, the anticipatory bail application of the applicant- Dr.Richa, involved in aforesaid case crime is, hereby, rejected. Order Date :- 4.4.2025/SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad