HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6962 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, 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. 397 of 2022, under Sections - 323, 504, 306 I.P.C., Police Station - Hapur Nagar, District - Hapur with the prayer that in the event of arrest, applicants may be released on bail. 3. It has been argued by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case. It has further been submitted that applicants have no criminal antecedents. Applicant no.2 is wife of deceased and applicant no.1 is her brother. The marriage of applicant no.2 with deceased has taken place about five years prior to the incident. The allegation that applicants were harassing the deceased due to which he committed suicide, is wholly false. It was submitted that alleged incident took place on 11.05.2022 but no information was given to the Police and post-mortem of the deceased was also not conducted. The first information report was registered on 18.05.2022. The alleged suicide note left by the deceased is wholly doubtful and there is no expert report that the said suicide note is in handwriting of deceased. It is further submitted Versus Counsel for Applicant(s) : Kushagra Srivastava, Shahrukh Counsel for Opposite Party(s) : G.A. Deepak And Another .....Applicant(s) State of U.P. .....Opposite Party(s) that applicant no.2 has responsibility of maintaining two minor children. The applicants were granted anticipatory bail during investigation till the filing of report under Section - 173(2) Cr.P.C.. It was submitted that now charge-sheet has been filed and applicants have never misused the liberty of anticipatory bail. As the investigation is complete, thus no purpose would be served by sending the applicants to jail. The applicant undertakes to cooperate during trial and they would appear as and when required by the trial court. Lastly, it was submitted that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of and will co-operate with the trial and would obey all conditions of anticipatory bail. 4. Learned A.G.A. has opposed the application for anticipatory bail but it could not be disputed that earlier the applicants were granted anticipatory bail till the filing of report under Section - 173(2) Cr.P.C.. 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 merits, a case for anticipatory bail is made out. 7. The instant anticipatory bail application is allowed. 8. In the event of arrest of the applicants - Deepak and Monika involved in the aforesaid case crime shall be released on anticipatory bail on their NABAIL No. 6962 of 2025 2 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 / court concerned with the following conditions :- (i) The applicants shall not tamper with the evidence during the trial. (ii) The applicants shall not pressurize / intimidate the prosecution witness. (iii) The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. (v). The 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicants in accordance with law. October 8, 2025 S Rawat NABAIL No. 6962 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad