Neutral Citation No. - 2025:AHC:101106 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21511 of 2025 Applicant :- Smt. Kamlesh Alias Kusum Devi Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.,S.P.S. Chauhan Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri M.P.S. Chauhan, learned counsel for the applicant and Sri S.P.S. Chauhan, 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. 168 of 2025, under Sections 85, 80(2), 351(2) of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Gandhi Park, District - Aligarh, during the pendency of trial. 4. As per prosecution story, the marriage of son of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 09.12.2023. The applicant and other family members are stated to have subjected her to cruelty for a demand of Creta car as dowry thereby leading her to death on 23.04.2025. 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. The FIR is delayed by about 13 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that there are general and omnibous allegations against all the family members of the applicant and three of them have been exonerated by the police. The applicant is the mother-in-law of the deceased person. 7. Learned counsel has next contended that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. The door of the room of the deceased has been broken open and she was found hanging at the ceiling fan. There is no criminal history of the applicant. The applicant is languishing in jail since 16.05.2025 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 the photograph of the deceased taken at the time of her hanging with the ceiling fan clearly indicates that her feet was touching her bed, as such, there was no possibility to cause the death of deceased being hanging rather it was the case of smothering. The postmortem report has been prepared in collusion with the family members of the applicant. 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 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- Smt. Kamlesh Alias Kusum 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 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