Neutral Citation No. - 2025:AHC:127948 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3307 of 2025 Applicant :- Smt. Anita Nagar Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- Aditi Srivastava,G.A.,Kandarp Srivastava Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Sri Rajshekhar Srivastava, learned AGA for the State- opposite party, and Sri Aman Kumar Shukla, Advocate holding brief of Sri Kandarp Srivastava, learned counsel for the informant, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 108 of 2024, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Inchauli, District Meerut. 4. Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased and has been falsely implicated in the present case. The deceased was admitted in the hospital by the co-accused Shubham (Jeth of the deceased). The independent witnesses Satendra Kumar and Satish Kumar in their statements under Section 161 Cr.P.C. stated that the applicant was living separately. Earlier the investigation was conducted by the Circle Officer, Sadar Dehat, who came to the conclusion that the deceased was not subjected to cruelty or harassment by the applicant in connection with any demand of dowry. However, he was changed at the instance of the informant and thereafter the Circle Officer, Sardhana, Meerut was appointed as the Investigating Officer. Investigation has been completed and the applicant has been summoned by the court concerned. During the course of investigation the applicant was granted anticipatory bail till the submission of police report by this Court vide order dated 19.09.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 9258 of 2024 (Smt. Anita Nagar v. State of U.P.). It is next contended that trial had commenced against the husband of the deceased. During the course of trial, the informant was examined as P.W.-1. He did not support the prosecution version in his examination-in-chief and was declared hostile by the trial Court. The statement of the informant is annexed as Annexure- SA-1 to the supplementary affidavit. The applicant is also identically placed. Further, the applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the deceased was admitted in the hospital by the co- accused Shubham (Jeth of the deceased); the independent witnesses Satendra Kumar and Satish Kumar in their statements under Section 161 Cr.P.C. stated that the applicant was living separately; during the course of investigation the applicant was granted anticipatory bail till the submission of police report by this Court; during the course of trial, the informant was examined as P.W.-1, he did not support the prosecution version in his examination-in-chief and was declared hostile by the trial Court; at this stage there is no substantive evidence to link the applicant with the offence; the investigation has been completed; the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Smt. Anita Nagar, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make herself available on each and every date fixed in the matter by the court concerned; (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; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the concerned court. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 31.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad