Smt. Nemvati vs State of U.P. and Another

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Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2799 of 2025 Applicant :- Smt. Nemvati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awaneesha Kumar,Narendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Instant application has been filed on behalf of applicant Smt. Nemvati under Section 482 of B.N.S.S. seeking anticipatory bail in Case Crime No. 0379 of 2024, under Section 108 B.N.S., PS C.B. Ganj, District Bareilly till the trial of the aforesaid case. 2. Learned counsel appearing on behalf of applicant submitted that applicant is innocent person and she has not committed any offence. She is mother-in-law of the deceased. As per prosecution story, it is stated that deceased came in the house of the applicant to bring her wife to her matrimonial home but she was not ready to go alongwith her husband and thereafter, he returned back to his home. Thereafter, he has committed suicide. The incident has taken place on 21.08.2024 and thereafter, the first information report was lodged on 22.08.2024. Learned counsel appearing on behalf of applicant submitted that entire story as narrated in the first information report is false. It is further submitted that victim never came in the house of the applicant. It is also submitted that applicant has great apprehension for arrest by the police, therefore, he prayed that applicant may be released on anticipatory bail at the event of arrest. Applicant is ready to co-operate with the Investigating Agency. It is also undertaken on behalf of applicant that she will abide by all the terms and conditions as imposed by the Court while granting anticipatory bail.

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Per contra, learned A.G.A. appearing on behalf of State

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vehemently opposed the instant application and submitted that there are very serious allegations levelled against the applicant. It is also submitted that applicant is not co-operating with the investigation. It is further submitted that considering the seriousness of offence and non-co-operation of the applicant with the investigation, the applicant is not entitled for any leniency and prayed for dismissal of the instant application.

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Heard learned counsel appearing on behalf of applicant as well as learned A.G.A. for the State and perused the material on record.

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It is an admitted fact that applicant has no criminal history, she is mother-in-law and it is also undertaken on behalf of applicant that she will abide by all the terms and conditions as imposed by the Court while granting anticipatory bail. There are also specific arguments as made by learned counsel for the applicant that there are no material on record to link the present applicant for any instigation to lead the applicant to commit suicide.

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Taking into consideration all entirety of the matter as discussed above, I am inclined to grant interim bail to the applicant till the next date of listing, in the event of arrest.

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Till the next date of listing or till the submission of police report under Section 193 (3) of B.N.S.S., whichever is earlier, in the event of arrest, the applicant Smt. Nemvati be released on interim anticipatory bail in the aforesaid case crime on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicants shall make herself available for interrogation by a police officer as and when required;

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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 or to any police officer;

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(iii) The applicant shall not leave the city without previous permission of the Investigating Officer.

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(iv) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

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(v) She will keep her mobile phone on 24 hours.

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(vi) She will not change her address without prior permission of the Investigating Officer.

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(vii) She will not influence any of the witness and not tamper with any evidence.

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(viii) She is directed to appear before the concerned Investigating Officer on 08.05.2025 at 3:30 p.m.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case expeditiously in accordance with law.

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List on 07.07.2025.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned, who shall ensure the compliance of present order.

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Order Date :- 28.4.2025/AKT

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(Chandra Dhari Singh, J.)

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Smt. Nemvati v. State of U.P. and Another

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