Neutral Citation No. - 2025:AHC:85497 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3017 of 2025 Applicant :- Chaman Prakash And Another Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Gour,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 06 of 2003, under Section 304-B I.P.C., Police Station Sihani Gate, District Ghaziabad, with the prayer that in the event of arrest, applicants may be released on anticipatory bail. 3. Learned counsel for the applicants submits that applicants are father-in-law and mother-in-law of the deceased. The allegations made in the F.I.R. are that informant's daughter was married to the son of applicants. At the time of sufficient dowry was given, but in-laws of the daughter were not satisfied with the same and they used to demand additional dowry. On account of non fulfillment thereof the informant's daughter was subjected to cruelty and mental agony. On 15.08.2003 at about 5:00 p.m. when the informant reached at the matrimonial house of his daughter then all in the in-laws of his daughter informed that she died on 12.08.2023 and they cremated her without informing him. After inquiry it came into light to the informant that in the night of 11.08.2023 the informant's daughter was subjected to cruelty on account of which she died on 12.08.2023. Learned counsel further submits that false allegations are levelled against the applicants that they killed the deceased. In fact when the deceased was returning after throwing garbage near railway line she was hit by a fast running train on account of which she died, which information was given by the Guard and Driver of the train as also the cabin man to the railway authorities. Thus, applicants are innocent and have been falsely implicated in the case. The charge sheet has also been filed in the matter and summons have been issued against the applicants. Thus, there is apprehension that the applicants may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It was also submitted that applicant undertakes to cooperate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail. 5. 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. 6. 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, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicants- Chaman Prakash and Vimla, involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on her furnishing a personal bond of Rs. 50,000/- each with two sureties each in the like amount to the satisfaction of court concerned with the following conditions :- (i) The applicants shall attend the court proceedings as and when required. (ii) The applicants shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court to any police officer or tamper with the evidence. (iii) the applicants shall cooperate during trial and would not misuse the liberty of bail. 9. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 10. However, the trial court is directed to make all possible efforts/ endeavour to conclude the trial expeditiously. Order Date :- 20.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad