Neutral Citation No. - 2025:AHC:128302 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3031 of 2024 Applicant :- Kusumlata Devi Opposite Party :- State of U.P. Counsel for Applicant :- Hira Lal,Kalp Dev Mishra,Rajendra Kumar,Ram Yash Pandey Counsel for Opposite Party :- G.A.,Sunil Kumar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. There is an illness slip of Sri Sunil Kumar Singh, learned counsel for the informant. 3. Heard Sri Hira Lal, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.241 of 2023, under Sections 365, 498-A, 304-B, 201 I.P.C. and 3/4 D.P. Act, Police Station- Shadiabad, District- Ghazipur, during the pendency of trial. 5. As per prosecution story, the marriage of the daughter of the informant was solemnized with the nephew of the applicant as per Hindu Rites about ten months before her death. The husband of the deceased person is stated to be partially mentally ill and his younger brother Abhishek is stated to have taken away the victim to his house on the pretext of giving her some medicines and did not leave her at the house of her in-laws till the evening. 6. It is further alleged that on being inquired by the informant she did not find her daughter at the house and it was the apprehension in her mind that applicant, who happens to be foster mother-in-law of the deceased person, in collusion with accused Abhishek had committed the said offence. 7. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is the foster mother-in-law of the deceased person and she has nothing to do with the said offence. She has been nominated on the basis of suspicion only. 8. Learned counsel for the applicant has further stated that there is no direct or indirect evidence against the applicant. It is true that the cause of death was asphyxia as a result of antemortem strangulation, but the applicant has nothing to do with the said offence as she used to live with her son separately to the husband and wife duo and her brother-in-law Abhishek. As such, it is a clear cut case of false implication. 9. It is further argued by learned counsel for the applicant that the trial is moving at a snail's pace as only three witnesses have been examined to date and there is no likelihood of conclusion of trial in near future. There is no criminal antecedent of the applicant. The applicant being a lady and foster mother-in-law of the deceased person, who is languishing in jail since 27.10.2023, is entitled for bail. She is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 10. Learned State Law Officer has vehemently opposed the bail application. 11. The Supreme Court in Kahkashan Kausar @ Sonam vs The State of Bihar, reported in (2022) 6 SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicant is the foster mother-in-law of the deceased person and she lives separately to the husband and wife duo and brother-in-law of the deceased person Abhishek, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 13. Let the applicant- Kusumlata Devi, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. It is made clear that observations made in granting 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. Order Date :- 31.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad