HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7420 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Supplementary affidavit filed today is taken on record. 2. Crl. Misc. Objection Application No.1 of 2025 is allowed. 3. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 4. This application for anticipatory bail has been filed by applicant - Sunita in connection with Case Crime No.193 of 2022, under Section 306 IPC, Police Station Raipura, District Chitrakoot. 5. It is submitted by the learned counsel for the applicant that earlier an anticipatory bail was granted to the applicant under sections 456, 376-D, 504, 506, 328, 394, 304 IPC till submission of police report under section 173 (2) Cr.P.C. vide order dated 1.5.2023 passed in Crl. Misc. Anticipatory Bail Application No.3784 of 2023 and the said liberty was never misused by the applicant. However, during the course of investigation, all the accused persons except the present applicant were exonerated by the I.O. and the charge-sheet was submitted against the present applicant under section 306 IPC. It is further submitted that now after submission of the charge-sheet the applicant has apprehension of her arrest in the above-mentioned case, whereas there is no credible evidence against her. She has been falsely implicated into this matter. Allegations levelled against the applicant are false and from the material collected by the I.O. during investigation, no offence under section 306 IPC is made out and the essential ingredients to establish the offence under section 306 IPC are completely missing in this Versus Counsel for Applicant(s) : Hare Ram Pandey Counsel for Opposite Party(s) : G.A. Sunita .....Applicant(s) State of U.P. .....Opposite Party(s) case. It is further submitted that the applicant has been cooperative during the course of investigation. It is further submitted that no custodial interrogation is required in this matter. 6. Learned A.G.A. opposed the anticipatory bail application and submitted that the applicant is not cooperating with the trial court and non-bailable warrant has been issued against her. 7. Contending to that, it has been submitted by the learned counsel for the applicant that the applicant is a lady and is willing to cooperate with the trial court but since no process was served upon her after submission of the charge-sheet, she became defaulter in this case but however now she will appear on each and every date before the court concerned. 8. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 9. Hence, considering the settled principles 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 of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter. 10. The anticipatory bail application is allowed. NABAIL No. 7420 of 2025 2 11. In the event of arrest of the applicant in the aforesaid case crime, she shall be released on anticipatory bail till end of the trial on her 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 before the court concerned on the date fixed in the matter; (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 him / her from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. Concerned. 12. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. October 7, 2025 ss NABAIL No. 7420 of 2025 3 (Nalin Kumar Srivastava,J.) Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad