Ambika Patel vs State of U.P.

Neutral Citation No. - 2025:AHC:15241

Court No. - 67

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 770 of 2025 Applicant :- Ambika Patel Opposite Party :- State of U.P. Counsel for Applicant :- Aushim Luthra,Irshad Husain Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard Ms. Shriyanshi Upadhyay, Advocate holding brief of Sri Aushim Luthra, learned counsel for the applicant, and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and perused the material available on record.

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This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 542 of 2024, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Indirapuram, District Ghaziabad.

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Learned counsel for the applicant submits that the applicant is father-in-law of the deceased and has been falsely implicated in the instant case. The applicant is a retired army officer and has been staying with his wife at Jabalpur. In this regard Aadhar Card of the applicant has been annexed as Annexure No. 13 to the affidavit. The son of the applicant (husband of the deceased) has been transferring money in the bank account of the deceased. In this regard, bank transactions have been annexed as Annexure-12 of the affidavit. Reliance has also been placed on the statement of the independent witness Basant Wallia to contend that the deceased was taken to the hospital by the husband of the deceased. There are vague and general allegations against the applicant. At this stage there is no substantive evidence to establish that soon before her death, the deceased was subjected to cruelty in connection with demand of dowry. As per the post- mortem report, the deceased died due to asphyxia as a result of ante-mortem hanging. The husband of the deceased has been granted bail by this Court vide order dated 03.01.2025 passed in Criminal Misc. Bail Application No. 24343 of 2024, Akhilesh Prasad Patel v. State of U.P.. During the pendency of investigation, the applicant was granted protection till the submission of police report, by this Court vide order dated 07.06.2024 passed in Criminal Misc Writ Petition No. 9889 of 2024, Ambika Patel and others v. State of U.P. and others. Charge-sheet has been submitted. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that there are vague and general allegations against the applicant; as per the statement of independent witness Basant Wallia the deceased was taken to hospital by the son of the applicant (husband of deceased); as per the post- mortem report, the deceased died due to asphyxia as a result of ante-mortem hanging; during the pendency of investigation, the applicant was granted protection till the submission of police report, by this Court; charge-sheet has been submitted, the applicant had cooperated in the investigation and no custodial interrogation is required; and, at this stage there is no substantive evidence to establish that soon before her death, the deceased was subjected to cruelty in connection with demand of dowry, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicant- Ambika Patel, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on 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:-

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(i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned;

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(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 from disclosing such facts to the Court;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.

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Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 4.2.2025 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Ambika Patel v. State of U.P.

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Ambika Patel v. State of U.P.

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