High Court · 2025

Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Session Trial No.1087 of 2024, Case Crime No.38 of 2024, under Sections 323, 504, 506, 498-A & 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Gilaula, District- Shrawasti. The Co-ordinate Bench of this Court vide order dated 10.12.2024 has passed the following order granting interim anticipatory bail to the applicant:- "1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State.

2. Issue notice to opposite party No.2, returnable at an early date, for which, necessary steps be taken within a week.

3. Office to proceed accordingly.

4. The present applicant has filed the instant application having apprehension that he may be arrested in Session Trial No.1087 of 2024, Case Crime No.38 of 2024, under Sections 323, 504, 506, 498-A & 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Gilaula, District-Shrawasti.

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

6. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the date of incident has been indicated as 14.02.2024 but the impugned F.I.R. has been lodged on 16.02.2024 without explaining the delay. There is one relevant fact in this case that after the death of the victim on 14.02.2024 the required exercise of inquest has been undertaken on 15.02.2024. At the time of preparation of inquest the applicant and his father were present. The father of the deceased was present and other family members of both the sides were also present. As per the opinion of the inquest witnesses the deceased consumed poison on account of some trivial dispute with her husband. After preparation of the inquest, the F.I.R. has been lodged on the next date. There is no ante-mortem injuries on the body of the deceased. The prsent applicant is a father-in-law of the victim (since deceased) and his relation was cordial with his daughter-in-law. He never demanded any kind of dowry from her or her family members. So far as the husband of the deceased is concerned, the charge-sheet has been filed against him but so far as the present applicant is concerned, the investigation is going on. The applicant is cooperating in the investigation and undertakes that he shall further cooperate in the investigation properly and shall not misuse the liberty of anticipatory bail, if granted. The present applicants have got no criminal history, therefore, in the light of the dictum of Hon'ble Apex Court rendered in the case in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98, the liberty of the present applicant may be protected till conclusion of trial proceedings.

7. On the other hand, learned Additional Government Advocate has however opposed the aforesaid prayer of learned counsel for the applicant by submitted that since the role of the applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant.

8. Having heard learned counsel for the parties and having perused the material available on record, I am of the considered opinion that the matter requires consideration.

9. Let the counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

10. List this case in the week commencing 27.01.2025.

11. Till the next date of listing, as an interim measure the accused-applicant (Vindeshvari Prasad), in the event of his arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned/Arresting Authority on the following conditions:- (i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii). That the accused-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 them from disclosing such facts to the court or to any police officer; and (iii). that the accused-applicant shall not leave India without the previous permission of the Court. (iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant." Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the order of this Court. He has duly cooperated in the investigation. He has no criminal history. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A. has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge- sheet in the case has already been filed, the applicant has no criminal history, he has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 10.12.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 19.8.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Session Trial No.1087 of 2024, Case Crime No.38 of 2024, under Sections 323, 504, 506, 498-A & 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Gilaula, District- Shrawasti. The Co-ordinate Bench of this Court vide order dated 10.12.2024 has passed the following order granting interim anticipatory bail to the applicant:- "1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State.

2. Issue notice to opposite party No.2, returnable at an early date, for which, necessary steps be taken within a week.

3. Office to proceed accordingly.

4. The present applicant has filed the instant application having apprehension that he may be arrested in Session Trial No.1087 of 2024, Case Crime No.38 of 2024, under Sections 323, 504, 506, 498-A & 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Gilaula, District-Shrawasti.

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

6. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the date of incident has been indicated as 14.02.2024 but the impugned F.I.R. has been lodged on 16.02.2024 without explaining the delay. There is one relevant fact in this case that after the death of the victim on 14.02.2024 the required exercise of inquest has been undertaken on 15.02.2024. At the time of preparation of inquest the applicant and his father were present. The father of the deceased was present and other family members of both the sides were also present. As per the opinion of the inquest witnesses the deceased consumed poison on account of some trivial dispute with her husband. After preparation of the inquest, the F.I.R. has been lodged on the next date. There is no ante-mortem injuries on the body of the deceased. The prsent applicant is a father-in-law of the victim (since deceased) and his relation was cordial with his daughter-in-law. He never demanded any kind of dowry from her or her family members. So far as the husband of the deceased is concerned, the charge-sheet has been filed against him but so far as the present applicant is concerned, the investigation is going on. The applicant is cooperating in the investigation and undertakes that he shall further cooperate in the investigation properly and shall not misuse the liberty of anticipatory bail, if granted. The present applicants have got no criminal history, therefore, in the light of the dictum of Hon'ble Apex Court rendered in the case in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98, the liberty of the present applicant may be protected till conclusion of trial proceedings.

7. On the other hand, learned Additional Government Advocate has however opposed the aforesaid prayer of learned counsel for the applicant by submitted that since the role of the applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant.

8. Having heard learned counsel for the parties and having perused the material available on record, I am of the considered opinion that the matter requires consideration.

9. Let the counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

10. List this case in the week commencing 27.01.2025.

11. Till the next date of listing, as an interim measure the accused-applicant (Vindeshvari Prasad), in the event of his arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned/Arresting Authority on the following conditions:- (i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii). That the accused-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 them from disclosing such facts to the court or to any police officer; and (iii). that the accused-applicant shall not leave India without the previous permission of the Court. (iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant." Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the order of this Court. He has duly cooperated in the investigation. He has no criminal history. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A. has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge- sheet in the case has already been filed, the applicant has no criminal history, he has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 10.12.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 19.8.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench