Neutral Citation No. - 2025:AHC:127813 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22426 of 2025 Applicant :- Vijama Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Personal affidavit of S.H.O., P.S. Gulaothi, District Bulandshahar filed by learned A.G.A. and supplementary affidavit filed by learned counsel for the applicant are taken on record. 3. Heard Sri Sudhir Kumar, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.147 of 2025, under Sections 80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station Gulawti, District Bulandshahar, during the pendency of trial. 5. 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. The FIR is delayed by about ten hours and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons including the applicant. 6. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. There is statement of one Head Constable 1065 Hariprakash who has stated that he received a call from Khushi who stated that her sister-in-law (deceased) hurled abuses at her and after that closed the door and had committed suicide. After the Head Constable reached there, he found the door closed from inside and broke open it with the help of neighbours and found the deceased hanging from the ceiling fan. 7. Learned counsel for the applicant has also stated that the said fact indicates that it is a clear-cut case of false implication as the deceased was a lady of short tempered. There is no criminal history of the applicant. The applicant is languishing in jail since 17.04.2025 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. Learned A.G.A. has vehemently opposed the bail application. 9. The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs. The State of Bihar, (2022) 6 SCC 599has 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. 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 delay in institution of FIR and the fact that the applicant is the mother-in-law of the deceased and the cause of death is asphyxia as a result of ante-mortem hanging, 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- Vijama, 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 :- 31.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad