Neutral Citation No. - 2025:AHC:116507 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22152 of 2025 Applicant :- Smt. Omwati Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Dileep Kumar Shukla, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 10 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Chandausi, District- Sambhal, during the pendency of trial. 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. The FIR is delayed by about nine days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the cause of death could not be ascertained, as such, viscera of the deceased was preserved. During chemical analysis, aluminum phosphide poison has been found in the viscera. Learned counsel has stated that there are general and omnibus allegations against all the accused persons. There is no particular demand of dowry in the FIR, but subsequently it is alleged that there was demand of a Apache motorcycle, as such, it is a clear cut case of false implication. 7. It is further argued by learned counsel for the applicant that the criminal history of one case assigned to the applicant stands explained vide supplementary affidavit filed today in Court. The applicant is languishing in jail since 10.3.2025 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. Learned State Law Officer has vehemently opposed the bail application. 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. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out. 11. 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 and omnibus allegations against all the accused persons, 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. 12. Let the applicant- Smt. Omwati, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 18.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad