Neutral Citation No. - 2025:AHC:6593 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46566 of 2024 Applicant :- Shashibala Alias Bala Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. None is present on behalf of the informant even in the revised call. 2. Heard Sri Akhilesh Kumar Tiwari, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 520 of 2024, under Sections 85, 80(2) of BNS, Sections 3/4 of Dowry Prohibition Act, Police Station - Phoolpur, District - Azamgarh, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant's nephew was solemnized with the informant's daughter as per Hindu Rites on 22.05.2021. The applicant and other family members are stated to have subjected her to cruelty for demand of a bullet motorcycle as dowry thereby leading to her death on 17.10.2024. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about nine hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the applicant is the aunt-in- law of the deceased person and has nothing to do with the said offence. The applicant lives separately to the deceased person and her husband. It is also stated that the cause of death of deceased was found to be asphyxia as a result of ante mortem hanging. 7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 18.10.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 8. Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Learned counsel has placed much reliance upon the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam Vs. The State of Bihar, reported in 2022(6) SCC 599 and 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. 11. Let the applicant- Shashibala Alias Bala, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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:- 15.1.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad