Neutral Citation No. - 2025:AHC:12234 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40540 of 2024 Applicant :- Smt Soniya Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. On 07.01.2025, learned A.G.A. was directed to seek instructions with regard to availability of the viscera report of the deceased. Dr. S.B. Maurya, learned A.G.A.-I apprise the Court that till date viscera report of the deceased could not be received. 2. Heard Shri Sunil Kumar Tiwari, learned counsel for the applicant and Dr. S. B. Maurya, learned A.G.A.-I for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0187 of 2024, under Section 306 IPC, Police Station Budhana, District Muzaffar Nagar, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 11.05.2024 against applicant, her husband and brother-in-law and according to the FIR, on 11.05.2024, applicant and other accused persons made assault upon the father-in-law of the applicant and after that he consumed insecticide and died. 5. Learned counsel for applicant submits that applicant is daughter- in-law of the deceased and totally on the basis of false allegation, she has been made accused alongwith others. 6. He further submits that actually deceased used to consume liquor and very often dispute arose between him and his sons i.e. husband and brother-in-law of the applicant and on the date of incident again serious altercation took place between them and during scuffling, he sustained injuries and thereafter he consumed insecticide and died and after his death, his brother totally on the basis of false allegation also implicated the applicant in the present matter. 7. He further submits that applicant is having no concern with the alleged suicide of her father-in-law and it appears only being daughter-in-law of the deceased, she has been made accused in the present matter. 8. He further submits that however, post-mortem report suggests that deceased sustained as many as sixteen contusions but as per the autopsy surgeon, he did not die due to ante-mortem injuries and his viscera was preserved but till date viscera report could not be obtained. 9. He further submits that applicant is lady and she is having no criminal history and she is in jail in the present matter since 06.07.2024. 10. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 12. I have heard learned counsel for both the parties and perused the record of the case. 13. It reflects, applicant, who is daughter-in-law of the deceased, has been made accused alongwith other accused persons, who were sons of the deceased and as per allegation they made assault upon the deceased and after that deceased committed suicide by consuming insecticide and except this, there is no other allegation against the applicant. From perusal of the entire material available on record, it could not be reflected that due to the abetment of the applicant, deceased committed suicide. 14. Further, applicant is daughter-in-law of the deceased and she is wife of the one of the accused, therefore the argument advanced by learned counsel for the applicant that only due to this reason, she has been made accused in the present matter, cannot be ruled out at this stage. 15. Further, however, post-mortem report suggests that deceased sustained as many as 16 contusions but it could not be reflected that deceased died due to ante-mortem injuries and his viscera was preserved but till date viscera report could not be received. 16. Further, applicant is lady and she is having no criminal history and she is in jail in the present matter since 06.07.2024. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant- Smt. Soniya, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 20. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 21. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.1.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad