Neutral Citation No. - 2025:AHC:6632 Court No. - 65 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 239 of 2025 Applicant :- Smt Brajesh @ Brajesh Devi Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Azhar Hussain, learned counsel for the applicant and Sri Vijay Kumar Dwivedi, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State as well as perused the record. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 126 of 2024, registered under Sections 306 I.P.C. at Police Station- Khair, District- Aligarh with a prayer to enlarge her on anticipatory bail. 4. As per prosecution story, the applicant, who happens to be the wife of the deceased person, is stated to have established illicit relationship with one Satyendra Singh and the matter was revealed to the deceased person, as such on the abetment of the applicant and co-accused person, the deceased person had consumed poisonous material and committed suicide on 25.01.2024. 5. Learned counsel for the applicant has stated that she has been falsely implicated in the case as the matter was reported for the first time at police station Civil Lines, Aligarh and it was entered as G.D. No.51 of the police station at 7:59 p.m. on 25.01.2024 and it had no inkling of any offence being committed by the applicant or any other person whatsoever. It is further stated that another application was moved by the informant before the police station on 26.01.2024 and it did not mention the name of the applicant either which has been filed as Annexure-3 to the affidavit. 6. Learned counsel for the applicant has further argued that another application was moved by the informant on 27.01.2024 before the S.S.P., Aligarh which has been filed as Annexure-6 to the affidavit and it does not mention a single word against the applicant. Subsequent to it, the informant filed an application under section 156(3) Cr.P.C. on 12.02.2024 which indicates that at the abetment of the applicant and her paramour Satyendra Singh, the said offence has been committed in collusion with two unknown persons. It is next stated that the ingredients of Section 306 IPC do not stand fulfilled as no overt act has been assigned to the applicant of having abeted the deceased person to commit suicide. The FIR itself is delayed by 23 days and there is no explanation of the said delay caused. The applicant being a lady is entitled for anticipatory bail as she has no criminal antecedents to her credit. 7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of her arrest. Learned counsel has stated that the applicant undertakes that she has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail. 8. Per contra, learned counsel for the informant has vehemently opposed the anticipatory bail application on the ground that the applicant was hand-in-glove with the co-accused person and her complicity stands established from the C.D.R. which indicates that she was in regular contact with the main accused Satyendra Singh, as such she is not entitled for bail. 9. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned counsel for the informant and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Supreme Court. 10. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Smt Brajesh @ Brajesh Devi be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i). that the applicant shall make herself available for interrogation by a police officer as and when required; (ii). that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii). that the applicant shall not leave India without the previous permission of the court; (iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial; (v). that the applicant shall not pressurize/ intimidate the prosecution witness; (vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 15.1.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad