Neutral Citation No. - 2025:AHC:72405 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3287 of 2025 Applicant :- Smt Sarita Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application has been filed on behalf of applicant under Section 482 of B.N.S.S. seeking anticipatory bail in Case Crime No.0818 of 2024, under Section 108 B.N.S., Police Station - Powyan, District - Shahjahanpur. 2. Learned counsel appearing on behalf of applicant has submitted that applicant is wife of the deceased. It is further submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. There is no credible material on record to establish that she had instigated to her husband to commit suicide. As per prosecution story, the deceased husband came her paternal house to take her to the matrimonial house but since she had delivered the baby prior one month, therefore, her parents was not allowed to take her to her matrimonial home. It is further submitted that she had delivered two female children, therefore, the deceased husband was upset. It is also submitted that on the birth of second female child he refused to bear the expenses of hospital and her father has borne the entire expenses of delivery of second child. The allegations which have been made in the F.I.R., are totally false and fabricated only to implicate the applicant in the instant case. It is further submitted that applicant is the mother of two small children. 3. Learned counsel appearing on behalf of applicant has further submitted that considering the aforesaid facts applicant may be released on anticipatory bail at the event of the arrest. He has undertaken to co-operate with the investigation and also undertaken that he will abide by all terms and conditions imposed by this Court while granting the anticipatory bail. 4. Per contra, learned A.G.A. appearing on behalf of the State vehemently opposed the instant bail application and has submitted that in his statement brother of the deceased, namely, Manoj has clearly contended that when the deceased went to paternal house of the applicant to take her to her matrimonial home the brother of applicant and family members of the applicant had misbehaved with him and therefore, when he returned back without his wife, he was totally upset and committed suicide. Learned AGA further submitted that since the matter is still under investigation, certain material or evidences are to be collected, therefore, the custodial interrogation of the applicant is required. 5. Heard learned counsel appearing on behalf of applicant as well as learned A.G.A. for the State and perused the case diary and other materials on record. 6. The applicant is wife of the deceased. There is no material on record brought by learned AGA to establish that if she will grant anticipatory bail she will not co-operate in the trial or influence the investigation. Applicant is a lady of clean antecedents. The material which has been collected by the police or relied by the learned AGA during arguments, is not a credible evidence to link the applicant at this stage for establishing that she had instigated to that extent or to force him to commit suicide. Learned counsel for applicant has also undertaken, on instructions, that applicant shall co-operate with the investigation as well as co-operate in trial. 7. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant anticipatory bail to the applicant till the conclusion of trial. 8. In the event of arrest, the applicant - Smt. Sarita be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make herself available for interrogation by a police officer as and when required and she will report quarterly to the local police; (ii) The applicant shall not leave city without previous permission of the court concerned or S.H.O. concerned; (iii) He will keep his mobile phone on 24 hours. (v) The applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. (v) If, she will change the address or mobile number, she will inform the police or court concerned in advance. 9. 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. 10. The application stands disposed of. (Chandra Dhari Singh, J.) Order Date :- 6.5.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad