Neutral Citation No. - 2025:AHC:103313 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20451 of 2025 Applicant :- Smt. Anita Opposite Party :- State of U.P. Counsel for Applicant :- Rahul,Ravish Kumar Singh Counsel for Opposite Party :- G.A.,Rewti Raman Patel Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ravish Kumar Singh, learned counsel for the applicant, Sri Rewti Raman Patel, 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.123 of 2025, under Sections 80(2) B.N.S. and 3/4 D.P. Act, Police Station Shikarpur, District Bulandshahar, 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 as she used to stay on the ground floor of the house. The FIR is delayed by about seven hours and there is no explanation of the said delay caused. The deceased has committed suicide by jumping over from first floor of the house and the injuries sustained by her corroborate the said story. 5. Learned counsel for the applicant has further stated that the deceased has sustained fractures on her rib cage on front of both sides and has also sustained fractures on her lower part of the body including her forearm, as such, it is a clear-cut case of suicide. The deceased had given birth to two children out of the said wedlock and there is no complaint of demand of dowry or any kind of torture by the deceased before the said incident. The applicant is languishing in jail since 23.04.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the deceased has expired in the house of the applicant itself as she was thrown off the first floor of the house by the applicant and other family members and the injuries corroborate the said allegations. It cannot be opined from the injuries that it was a suicide, rather it was a homicidal death of the deceased. 7. 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the timing of offence and the settled law of the Supreme Court passed in Kahkashan Kausar @ Sonam (Supra) 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- Smt. Anita, 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. 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 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 :- 3.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad