Neutral Citation No. - 2025:AHC:89962 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3964 of 2025 Applicant :- Rajbeer And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Deepak Kumar Kulshrestha Counsel for Opposite Party :- G.A.,Pankaj Goswami Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no. 33 of 2025, under Section 80(2), 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Pinahat, District Agra, with the prayer that in the event of arrest, applicants may be released on anticipatory bail. 4. Learned counsel for the applicants submits that applicants are the brother-in-law and mother-in-law of the deceased. The allegations made in the F.I.R. are that all the accused persons including the applicants used to torture and harass the victim on account of non fulfillment of demand of dowry and ultimately, they killed her. Learned counsel further submits that in the postmortem except one ligature mark all around the neck there is also one injury in the shape of abrasion of size 1.0 c.m. x 1.0 c.m. on the back of vertebra of the deceased. The applicants have no concern with the alleged incident and they cannot be said to be the beneficiary of any demand of dowry as alleged. It has been argued by the learned counsel for the applicants there is apprehension that applicants may be arrested in the above mentioned case, whereas there is no credible evidence against them. It has further been submitted that applicants have no criminal antecedents and that no coercive process has been issued against them. It was also submitted that applicants undertake 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, 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. 5. Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail and contended that the deceased within three years of her marriage in an unnatural circumstances, therefore, applicants do not deserve any indulgence. 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, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicants- Rajbeer Singh, Smt. Anandi Devi and Dhara Singh, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on their furnishing a personal bond of Rs. 50,000/- each 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) Applicants shall make himself available for interrogation by a police officer as and when required; (ii) Applicants 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) Applicants would cooperate during investigation and trial and would not misuse the liberty of bail. 10. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 27.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad