HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3686 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Sri Shatrughan Yadav, learned AGA apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally, disposed off. 2. Heard Sri Rajiv Sisodia, learned counsel for the applicant and Sri Shatrughan Yadav, learned A.G.A. for the State-respondent. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 661 of 2024, under Sections 306 IPC, Police Station Gajraula, District Amroha, with a prayer to enlarge him on anticipatory bail, till the conclusion of trial. 4. Learned counsel for the applicant submitted that by way of moving application u/s 173(3) BNSS applicant has been falsely made accused in the the present matter alongwith co-accused Jolly @ Anjali, wife of the deceased. 5. He further submitted that as per allegation applicant was having illicit relationship with co-accused Joly @ Anjali therefore, deceased i.e. her husband committed suicide but entire allegation levelled against him are totally false. 6. He further submitted that even if allegations are accepted then also offence under section 306 IPC is not made out. 7. He further submitted that even co-ordinate Bench has released the co-accused Jolly @ Anjali on anticipatory bail vide order dated 11.3.2026 passed in Crl. Misc. Anticipatory Bail Application 482 No. 2304 of 2026 and as far as allegations are concerned case of applicant is on better footing than case of her although she was lady. 8. He further submitted the even during investigation applicant was not arrested pursuant to the order dated 3.1.2025 passed by division Bench of this Court vide Crl. Misc. Bail Application No. 21446 of 2024 and now after investigation chargesheet has Versus Counsel for Applicant(s) : Nadeem, Rajiv Sisodia Counsel for Opposite Party(s) : G.A. Nitish @ Shivendra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) been filed and there is no allegation that applicant did not co-operate during investigation. 9. He further submitted that as chargesheet has already been filed against the applicant, therefore, there is no need of custodial interrogation of the applicant. 10. He further submitted that applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail. 11. He next submitted that even applicant is not having any other criminal history to his credit. 12. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 13. I have heard learned counsel for both the sides and perused the record of the case. 14. However, as per allegations due to abetment of applicant and co accused Jolly @ Anjali deceased committed suicide who was the husband of the co-accused Jolly @ Anjali but co-accused Jolly @ Anjali has already been released on anticipatory bail by the co-ordinate Bench of this Court. 15. Further even it reflects during investigation pursuant to the order passed by division bench of this Court applicant was not arrested and there is no allegation that he did not co-operate with the investigation and now after investigation charge sheet has been filed. 16. This Court finds merit in the argument advanced by learned counsel for the applicant that after submission of charge sheet there is no occasion for custodial interrogation of the applicant. 17. Further considering the general practice nowadays adopted by the court concerned the apprehension of arrest raised by applicant cannot be ruled out. 18. Further, applicant is having no other previous criminal history to his credit. 19. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on anticipatory bail in this case, till conclusion of trial. 20. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application of the applicant is allowed. 21. In the event of arrest of the applicant-Nitish @ Shivendra, involved in the aforesaid case crime number, shall be released on bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- NABAIL No. 3686 of 2026 2 i. 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; ii. that the applicant shall not leave India without previous permission of the court; iii. that the applicant shall not tamper with the evidence during the trial; iv. that the applicant shall not pressurize/ intimidate the prosecution witness; v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 22. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 23. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. April 20, 2026 Ankita NABAIL No. 3686 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad