Neutral Citation No. - 2025:AHC:110905 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 441 of 2025 Applicant :- Smt. Meena Devi Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Yadav,Bhavisya Sharma,Shashank Yadav,Vimal Kumar Pandey Counsel for Opposite Party :- Alok Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Pradeep Kumar Rai, learned counsel for the applicant, Sri Alok Singh, leaned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 421 of 2024, under Sections 80(2), 85, 115(2), 123 B.N.S. and 3/4 D.P. Act, Police Station- Sirsaganj, District- Firozabad, during the pendency of trial. 4. As per prosecution story, the marriage of son of the applicant was solemnized with the deceased person as per Hindu Rites on 3.12.2023, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading her to death on 25.9.2024. 5. 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 mother-in-law of the deceased person and she has nothing to do with the said offence. There are general and omnibus allegations against all the accused persons. 6. Learned counsel for the applicant has further stated that the allegations are per se false. The deceased had consumed some poison and was rushed to the hospital by the son of the applicant. Learned counsel has stated that the cause of death could not be ascertained, as such, viscera was preserved and the viscera report indicates the presence of organophosphorus insecticides. 7. It is further argued by learned counsel for the applicant that the informant has been arrayed as Panch witness no.1 to the inquest proceedings which were prepared well before the institution of FIR and there is no whispering of a single word about demand of dowry at that stage. Learned counsel has stated that there are general allegations regarding demand of dowry and nowhere it is mentioned as to what was demanded in dowry, as such, it is a clear cut case of false implication. The ingredients of Section 80(2) B.N.S. do not stand fulfilled. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 7.11.2024 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. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that in the viscera organophosphorus insecticide was found and it has come up in the statement of the informant that applicant and other family members used to demand Rs.20 lakh as dowry. 9. 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. 10. 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 mother-in- law of the deceased person and there being general allegations against her coupled with the fact that informant is Panch witness no.1 in the inquest proceedings, 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- Smt. Meena 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. 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 :- 11.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad