HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7606 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Raghuvansh Chandra, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 17.09.2025. 4. This anticipatory bail application under Section 482 B.N.S.S. has been filed by the applicant- Nadra @ Nadra Khanam @ Nadira Khanam, seeking anticipatory bail in Case No. 22822 of 2023 (State Vs. Kishwar and others) arising out of Case Crime No. 234 of 2021, under Sections 147, 306, 506, 34 I.P.C., Police Station Parikshitgarh, District Meerut, during pendency of trial. 5. Prior notice of this anticipatory bail application was served in the office of the learned Government Advocate, High Court, Allahabad and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, 1952 and as per direction dated 20.11.2020 of a co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., this anticipatory bail application is being heard. Grant of Versus Counsel for Applicant(s) : Anuj Srivastava, Raghuvansh Chandra, Ram Jee Saxena Counsel for Opposite Party(s): G.A. Nadra Alias Nadra Khanam Alias Nadira Khanam .....Applicant(s) State of U.P. and Another .....Opposite Party(s) further time to the learned State counsel as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required since learned counsel for the State informs the Court that he has received the required instructions in the matter. 6. Learned counsel for the applicant submits that initially the applicant was granted anticipatory bail by this Court during the pendency of investigation vide order dated 23.11.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 17124 of 2021. It is submitted that subsequently charge-sheet in the matter has been submitted and vide order dated 02.02.2023 the applicant along with 03 other co-accused namely Kishwar @ Guddo, Afsana and Reshma have been summoned for offences under Sections 147, 306, 506, 34 I.P.C. It is submitted that in so far as the investigation with regard to 05 other co-accused persons is concerned, the same is pending, copy of the summoning order has been placed before the Court which is annexed as Annexure-9 to the affidavit which is along with the order-sheet of the trial court. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is submitted that the applicant is the sister of Shadab the main accused. The applicant is a lady. The applicant has no criminal history as stated in para 39 of the affidavit. 7. Per contra, learned counsel for the State opposed the prayer for anticipatory bail. 8. After having heard the learned counsel for the parties and perusing the record, it is evident that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. 9. Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be NABAIL No. 7606 of 2025 2 released on anticipatory bail in this case. 10. In the event of arrest of the applicant- Nadra @ Nadra Khanam @ Nadira Khanam, involved in aforesaid case crime no. shall be released on anticipatory bail during pendency of 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 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 him 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 as her husband works in Saudi Arabia as stated in paragraph 42 of the affidavit which shall remain in custody of the trial court concerned during the pendency of the trial. 11. In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith. 12. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 13. The court concerned to proceed in the matter independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 14. The present anticipatory bail application is allowed. October 10, 2025 AS Rathore NABAIL No. 7606 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad