Neutral Citation No. - 2025:AHC:100713 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19290 of 2025 Applicant :- Smt. Sheela Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.,Sarve Nazir,Zafar Abbas Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Keshari Nath Tripathi, learned counsel for the applicant, Sri Ansar Haider, Advocate holding brief of Sri Zafar Abbas, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.56 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station Bahjoi, District Sambhal, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present case. She has nothing to do with the said offence. The FIR is delayed by about five days and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that the inquest proceedings of the deceased person were undertaken on the date of her death i.e. on 19.02.2025 and the informant is the panch witness no.1 in the said inquest proceedings, as such, he was very much present at the time of her death and has not whispered a single word against the applicant or any of the family members. 6. Learned counsel for the applicant has also stated that there are general and omnibus allegations against all the accused persons. The cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 27.03.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that as per inquest proceedings, there was abrasion on the right elbow of the deceased person, as such, she was subjected to assault by the family members including the applicant, as such, she is not entitled for bail. 8. The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs. The State of Bihar, 2022(6) SCC 599 has categorically opined 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. 9. 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 delay of five days in institution of FIR coupled with the fact that the informant is the 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. 10. Let the applicant- Smt. Sheela, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 1.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad