Neutral Citation No. - 2025:AHC:103626 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13160 of 2025 Applicant :- Kavita And Another Opposite Party :- State Of U.P Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.,Vikas Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Shoeb Khan, learned counsel for the applicants, Sri Vikas Yadav, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. Applicants seek bail in Case Crime No. 31 of 2025, under Sections 85, 61(2), 80(2) B.N.S. and 3/4 D.P. Act, Police Station- Harpur Budahat, District- Gorakhpur, during the pendency of trial. 4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons. The applicant no.1 is the sister-in- law and applicant no.2 is the mother-in-law of the deceased person. 5. It is further argued by learned counsel for the applicants that the cause of death has been found to be asphyxia as a result of antemortem hanging. The victim was suffering from depression as is but evident from the treatment papers filed as Annexure-6 to the affidavit filed with bail application. There is no criminal antecedent of the applicants. The applicants are languishing in jail since 18.2.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 6. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application. 7. 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there are general and omnibus allegations against all the accused persons, 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. 9. Let the applicant- Kavita and Kamla Devi, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 3.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad