NABAIL/9563/2025 of RAJNI TIWARI Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9563 of 2025 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. 1. Heard learned counsel for the applicant, learned counsel for the informant as well as the learned A.G.A. for the State and perused the record. 2. This application has been moved on behalf of the applicant  seeking anticipatory bail in Case Crime No. 697 of 2025 under Sections 80, 85, 115(2), 351(2), 352 and Section 3/4 D.P. Act, Police Station Auraiya, District Auraiya. 3.  Applicant is already on interim anticipatory bail granted vide order dated 19.11.2025. 4. It has been submitted by the learned counsel for the applicant that applicant is innocent and on the basis of false allegation, she has been made accused in the present matter. He further submits that applicant is mother-in-law of the deceased and there is no specific allegation is against her. He further submitted that husband of the deceased has been granted bail by co-ordinate Bench of this Court vide order dated 24.02.2026 passed in Criminal Misc. Bail Application No. 6799 of 2026. It is next submitted that considering the facts and circumstances of the case, interim anticipatory bail granted to the applicant may be confirmed. 5. Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by Versus Counsel for Applicant(s) : Gaurav Tripathi Counsel for Opposite Party(s) : Akhilesh Kumar, Anand Pati Tiwari, G.A. Rajni Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the applicant. 6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 7. Therefore, considering the facts and circumstances of the case discussed above, interim anticipatory bail earlier granted to the applicant vide order dated 19.11.2025 is hereby confirmed. Applicant shall remain on anticipatory bail till conclusion of trial on the earlier conditions imposed upon her vide order dated 19.11.2025. 8. Accordingly, the instant anticipatory bail application stands allowed. 9. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. May 6, 2026 KK Patel NABAIL No. 9563 of 2025 2 (Jai Prakash Tiwari,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad