HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10004 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The present application has been filed on behalf of the applicant in Case Crime No.485 of 2025, under Sections 80(2), 85, 115(2) of B.N.S. and Section 3/4 of D.P. Act, Police Station - Jawan, District Aligarh, with a prayer to grant her anticipatory bail. 3. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case; she has nothing to do with the alleged offence in spite of that the police are trying to arrest the applicant. The applicant is the mother-in-law of the deceased. The applicant and five other persons have been nominated in the FIR dated 19.12.2026 in respect of the alleged incident dated 17.12.2026. It is further contended that general and omnibus allegations have been levelled against the applicant. The arrest of the applicant has been stayed by the Division Bench of this Court vide order dated 19.01.2026 in Criminal Misc. Writ Petition No. 865 of 2026. The applicant has cooperated in the investigation, and now the charge sheet has been submitted on 16.03.2026, whereupon the learned court concerned has taken cognizance on 18.03.2026. No non-bailable warrant has been issued by the learned court concerned. It is further submitted that the post-mortem report of the deceased suggests that she committed suicide. The cause of death has Versus Counsel for Applicant(s) : Neetu Singh, Nishant Kumar, Prashant Kumar Counsel for Opposite Party(s) : G.A. Malti @ Malti Devi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) been mentioned as asphyxia as a result of hanging; therefore, there appears to be a case of suicidal death. It is contended that co-accused Prempal Sharma, the father-in-law of the deceased, has been granted regular bail by a Coordinate Bench of this Court vide order dated 16.02.2026 in Criminal Misc. Bail Application No. 5531 of 2026. The bail application of co-accused Shivam, the husband of the deceased, has been rejected by another Bench of this Court vide order dated 09.07.2026 in Criminal Misc. Bail Application No. 10265 of 2026. The husband of the deceased is still in jail. It is further contended that since the arrest of the applicant was stayed by this Court and the charge sheet has been submitted, there is no requirement for custodial interrogation of the applicant. The applicant has no criminal antecedents to her credit. Learned counsel for the applicant lastly contended that the applicant undertakes to cooperate during trial and shall appear as and when required by the court concerned. It has also been stated that, in case the applicant is granted anticipatory bail, she shall not misuse the liberty of bail, shall cooperate with the trial, and shall abide by all the conditions that may be imposed by the court. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 5. I have heard rival submissions of the learned counsel for the parties and perused the records. 6. The chargesheet has already been submitted in this case and there is no allegation against the applicant that she did not cooperate with the investigation. The court concerned has taken cognizance of the offence. There is no requirement of custodial interrogation of the applicant. 7. In Aman Preet Singh v. CBI, (2022) 13 SCC 764, the Hon'ble Apex Court has held that : "11. A reading of the aforesaid shows that it is the guiding principle for a Magistrate while exercising powers under Section 170CrPC which had been set out. The Magistrate or the Court empowered to take cognizance or try the accused has to accept the charge-sheet forthwith and proceed in accordance with the procedure laid down under Section 173CrPC. It NABAIL No. 10004 of 2026 2 has been rightly observed that in such a case the Magistrate or the Court is required to invariably issue a process of summons and not warrant of arrest. In case he seeks to exercise the discretion of issuing warrants of arrest, he is required to record the reasons as contemplated under Section 87 Cr.P.C that the accused has either been absconding or shall not obey the summons or has refused to appear despite proof of due service of summons upon him. In fact the observations in sub-para (iii) above by the High Court are in the nature of caution. 12. In sofar as the present case is concerned and the general principles under Section 170Cr.P.C, the most apposite observations are in sub-para (v) of the High Court judgment in the context of an accused in a non- bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody are itself sufficient to entitle him to be released on bail. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge-sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this." 8. 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 conclusion of trial in the matter. 9. Accordingly, the anticipatory bail application is allowed with following directions:- (i) In the event of arrest of the applicant- Malti @ Malti Devi, involved in the aforesaid case, she shall be released on anticipatory bail till the conclusion of trial, on her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the court concerned. NABAIL No. 10004 of 2026 3 (ii) The applicant shall co-operate during trial and shall report to the court concerned as and when required for the purpose of fair trial. (iii) 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; and (iv) The applicant shall not leave India without the previous permission of the Court. 10. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant, before the concerned court. September 24, 2026 Radhika NABAIL No. 10004 of 2026 4 (Vivek Kumar Singh,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad