SHEESHKALIversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 8786 of 2025

Sheeshkali
                                                           .....Applicant(s)
                                  Versus

State of U.P. and Another
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                   :   Karuna Nand Tiwari
Counsel for Opposite Party(s)              :   G.A., Mohd Naushad

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Learned counsel for the applicant; and learned A.G.A. for the State are
present.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 392 of 2025, under Sections 85, 80(2), 352
of the B.N.S., 2023, and 3/4 of the Dowry Prohibition Act, Police Station
– Kotwali, District Maharajganj, with a prayer to enlarge her on
anticipatory bail, till the conclusion of the trial.

3. The learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The applicant seeks
anticipatory bail on the following grounds :-

i. The applicant is the mother-in-law of the deceased.

ii. The applicant's son Sanjay (co-accused), had performed a love
marriage with the deceased.

iii. The elder sister of the deceased is married to the elder son of the
applicant, Manjesh, and there has never been any demand of dowry.

iv. Even otherwise, in the statement of the younger sister of the deceased,
Smt. Ruby, it has been alleged that there was a demand for a motorcycle.
The applicant, being an old lady aged about 52 years, would not be a
beneficiary of any such demand.
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                               2


v. The applicant has no criminal antecedents.

vi. The husband of the deceased, namely Sanjay (co-accused), is already
in jail.

4. The learned A.G.A. has opposed the prayer for grant of anticipatory
bail and submitted that the applicant and the co-accused are the only two
nominated accused in the First Information Report (FIR). It is further
submitted that in the statement of Smt. Ruby, the younger sister of the
deceased, specific allegations of dowry demand and harassment have
been made against the applicant along with the co-accused. The offence
alleged is heinous in nature; therefore, no indulgence may be granted to
the applicant.

5. I have considered the submissions made by the learned counsel for the
parties.

6. The applicant, though named in the FIR, is implicated in the FIR,
which has been lodged with a delay of two days. The elder sister of the
deceased is married to the elder son of the applicant, and there are no
allegations either in the FIR or in the statements recorded during
investigation that any demand of dowry or harassment was meted out to
her. It is an admitted case of the prosecution that the deceased and
applicant's son, Sanjay, had performed a love marriage.

7. The applicant is an old lady aged about 52 years and has no criminal
antecedents. Her case is distinguishable from that of the co-accused
Sanjay, who is the husband of the deceased. During investigation, the
police has not yet recorded the statement of the elder sister of the
deceased Km. Anita (also referred to as Anisa), who is said to be residing
with the elder son of the applicant.

8. In view of the entire facts and circumstances of the case, as discussed
above, I deem it appropriate to enlarge the applicant on anticipatory bail.

9. The anticipatory bail application of the applicant is allowed.

10. In the event of the arrest of the applicant- Sheeshkali, involved in the
aforesaid case crime, she shall be released on anticipatory bail on her
furnishing a personal bond and two sureties each in the like amount to the
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                                                                   3

                                    satisfaction of the Station House Officer of the police station/Court
                                    concerned, with the following conditions:-

                                    i. the applicant shall make herself available for interrogation by a police
                                    officer as and when required;

                                    ii. 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;

                                    iii. that the applicant shall not leave India without the previous permission
                                    of the Court;

                                    iv. that the applicant shall not pressurize/intimidate the prosecution
                                    witness;

                                    11. In case of breach of any of the above conditions, the Court concerned
                                    shall be at liberty to cancel the bail.

                                    12. It is made clear that observations made hereinabove are exclusively
                                    for deciding the instant anticipatory bail application and are not to be
                                    considered to be an opinion on the merits of the case.



                                                                                      (Rajiv Lochan Shukla,J.)
                                    March 18, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad