Neutral Citation No. - 2025:AHC:100795 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20828 of 2025 Applicant :- Urmila Devi Opposite Party :- State of U.P. Counsel for Applicant :- Pulak Ganguly,Ravi Bhushan Singh Counsel for Opposite Party :- Bipin Bihari Pandey,G.A.,Uday Shankar Tiwari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pulak Ganguly, learned counsel for the applicant and Sri Uday Shankar Tiwari, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 78 of 2025, under Sections 85, 80(2) of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Shaidpur, District - Ghazipur, during the pendency of trial. 4. As per prosecution story, the second marriage of the son of the applicant was solemnized with the daughter of the informant, who was also a widow during covid-19 pandemic, as per Hindu Rites on 22.04.2020. Both the applicant and the deceased had children from their earlier marriage and the dispute with regard to their children led to depression and the deceased has committed suicide. 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. She is mother-in-law of the deceased person. 6. Learned counsel has also stated that the FIR is delayed by about one day and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought after legal consultations. There are general and omnibus allegations against all the accused persons. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. 7. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 11.04.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 8. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that there was an injury on the left shoulder observed at the time of inquest proceedings but the same has not been observed by the doctor in collusion with the applicant, as such, he is not entitled for bail. However, they could not dispute the fact that the applicant has no criminal history. 9. The Supreme Court in the case of 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, delay of one day in lodging the FIR and also considering the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Urmila, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 1.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad