Neutral Citation No. - 2025:AHC:108287 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22656 of 2025 Applicant :- Shivani Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Saurabh Yadav, learned counsel for the applicant, Sri Darbari Lal, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.616 of 2024, under Sections 85, 80(2), 115(2), 352, 3(5) B.N.S. and 3/4 D.P. Act, Police Station Faridpur, District Bareilly, during the pendency of trial. 4. As per prosecution story, the applicant is stated to be the real sister of the deceased and had established corporeal relationship with her brother-in-law i.e. husband of the deceased person. 5. There are allegations that the family members alongwith the applicant used to subject the deceased to cruelty for demand of Rs.2 lakhs as dowry, thereby led her to death on 17.08.2024. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. There is no time of offence mentioned in the FIR. The FIR delayed as it was instituted on 18.08.2024 at about 4:40 p.m. There was no occasion for the applicant to demand dowry. It is stated that the applicant was living as a paramour of the husband of the deceased and was in illicit relationship with him, as such, the ingredients of Section 80(2) B.N.S. are not fulfilled as far as the applicant is concerned. 7. Learned counsel for the applicant has further stated that the cause of death could not be ascertained, as such, viscera was preserved and in viscera report, organophosphorus insecticide was found. The deceased has committed suicide and the applicant cannot be held responsible for abetment of said suicide. There are general and omnibus allegations against all the accused persons. 8. Learned counsel for the applicant has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 13.12.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 9. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that it is true that the applicant had illicit relationship with the husband of the deceased, but she was also one of the persons who used to demand dowry. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the applicant is the real sister of the deceased 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. 11. Let the applicant- Shivani, 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. 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 :- 9.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad