Neutral Citation No. - 2025:AHC:82843 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2657 of 2025 Applicant :- Brijesh Kumar Rajbhar Alias Brijesh Kumar Rai Opposite Party :- State of U.P. Counsel for Applicant :- Amrita Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard MS. Amrita Singh, learned counsel for the applicant, Shri Chandan Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Criminal Case No. 86 of 2025, arising out of Case Crime no. 10 of 2024, under Section 306 I.P.C., Police Station Rasra, District Ballia, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Brief facts of the case are that informant moved an application dated 06.05.2022 under Section 156(3) Cr.P.C., alleging therein that marriage of her daughter was fixed with the applicant and on that pretext the applicant continuously made physical relations with her daughter and thereafter he denied for marriage. On 30.06.2021 the applicant made a phone call to her daughter, thereafter, she went to Rasra. Thereafter, police informed the informant that her daughter and consumed poison and is admitted in Ballia Hospital. On the above allegations the F.I.R. came to be lodged against the applicant under Section 302, 328 I.P.C. 4. It has been argued by the learned counsel for the applicant that there is no suicide note on the record. No one had seen the occurrence. After the death the inquest and postmortem of the deceased was conducted. Her cause of death cannot be ascertained, hence viscera was preserved. In the F.S.L. report aluminium phosphide poison was found. After investigation the police submitted charge sheet under Section 306 I.P.C. in the matter in cursory manner, without any credible evidence against the applicant. Learned counsel further submits that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents. After submission of charge sheet the court concerned took the cognizance and summoned the applicant vide order dated 07.01.2025, therefore, applicant approached the court concerned by filing anticipatory bail application, which has been rejected by he learned Sessions Judge vide order dated 17.03.2025. It was also submitted that applicant undertakes to cooperate during and he would appear as and when required by the trial court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail and submitted that there is active participation of applicant in the commission of offence, therefore, the applicant may not be granted any indulgence at this stage. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case and considering the fact that the charge sheet has been filed against the applicant, whereupon court concerned took cognizance and summoned the applicant to face the trial, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. The anticipatory bail application is rejected. Order Date :- 17.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad