1. Heard learned counsel for the applicants and learned AGA for the State.
2. Present anticipatory bail application has been filed on behalf of the applicants, with a prayer to enlarge them on anticipatory bail in Case No.474 of 2020, Case Crime No.86 of 2020, under Sections 498-A, 323, 504, 506, 452, 307 of IPC and 3/4 of Dowry Prohibition Act, Police Station Ekdil, District Etawah.
3. Learned counsel for the applicants submitted that the applicants are married sister-in-laws (Nanad) of the victim. Their marriages were solemnized before the marriage of the victim. They are permanently living in Madhya Pradesh, while the victim is living in Etawah. The applicants are maliciously being prosecuted in the present case due to ulterior motive and have an apprehension of their arrest. The applicants have nothing to do with the said offence as alleged by the prosecution.
4. Per contra, learned AGA opposed the prayer for grant of anticipatory bail.
5. On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Hon'ble Apex Court in Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98, the applicants are entitled to be granted anticipatory bail in this case.
6. Without expressing any opinion upon ultimate merits of the case either ways, which may adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed.
7. In the event of their arrest, applicants - Nisha Bhadoria alias Goldi and Diksha Bhadoria, involved in the aforesaid case crime, shall be released on anticipatory bail till conclusion of trial, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
i. that the applicants shall make himself available for interrogation by a police officer as and when required;
ii. that the applicants 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 or tamper with the evidence;
iii. that the applicants shall not leave India without previous permission of the court;
iv. that the applicants shall not tamper with the evidence during the trial;
v. that the applicants shall not pressurize/ intimidate the prosecution witness;
vi. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
8. In case of breach of any of the above conditions, the court concerned shall have a liberty to cancel the bail granted to the applicant.
9. It is made clear that the 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.