HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7656 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. This case has been taken up a mention. 2. Heard Sri Arvind Kumar Shukla, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and Mr. Yakub Ali, learned counsel for the first informant and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime No. 244 of 2025, under Sections 352, 351(3), 123, 49 B.N.S., Police Station Khadda, District Kushi Nagar with the prayer that in the event of arrest, applicant may be released on bail. 4. It is contended by the learned counsel for the applicant that applicant is innocent and she has an apprehension that she may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant as some matrimonial dispute is being given colour of some serious offences. It is submitted that as allegation in the FIR is that the applicant was having illicit relationship with co-accused Ramzan Ansari and she was not performing her matrimonial duties. It is submitted that the applicant administered some poison in the food of the first informant and shut him inside the room and left her matrimonial home. It is submitted that the applicant has been living in her parental home for the last five years and the offence is concocted one. It is submitted that in the medical examination of the victim poison has been reported but name of the poison has not been mentioned. It is submitted that the the victim has Versus Counsel for Applicant(s) : Arvind Kumar Shukla Counsel for Opposite Party(s) : G.A., Yakub Ali Shabnam Khatoon .....Applicant(s) State of U.P. .....Opposite Party(s) been discharged from the hospital after remaining for 8/9 hours. It is also submitted that the applicant is having no criminal history. It was also submitted that applicant undertakes to co-operate during trial and she would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned counsel first informant has opposed the application for anticipatory bail and submitted that the allegation against the applicant is serious in nature and poison has been reported in the medical examination of the first informant/victim. 6. Learned A.G.A. has also opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 7. I have considered the rival submissions made by learned counsel for the parties. 8. As per allegation in the FIR against the applicant is that she was having illicit relationship with co-accused Ramzan Ansari and she was not performing her matrimonial duties. She mixed some poison in the food and administered it to the first informant/victim and shut him inside the room and left her matrimonial home. The medical report of the first informant shows some poison but what kind of poison is present is not mentioned. The co-accused Ramzan has already been granted anticipatory bail by this Court vide order dated 7.10.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 8134 of 2025. The applicant is said to have been living in her parental house for the last five years. The applicant is having no criminal history. 9. 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, the 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. NABAIL No. 7656 of 2025 2 10. NABAIL No. 7656 of 2025 2 10. 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. 11. The anticipatory bail application is allowed. 12. In the event of arrest of the applicant- Shabnam Khatoon involved in the aforesaid case crime, she shall be released on anticipatory bail 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 not tamper with evidence and that she would appear before the trial Court on the date fixed unless exempted 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 13. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 13, 2025 Abhishek NABAIL No. 7656 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad