Neutral Citation No. - 2025:AHC:20183 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1427 of 2025 Applicant :- Manorma Dudey Opposite Party :- State of U.P. Counsel for Applicant :- Avnish Kumar Shukla,Manvendra Narain Pathak Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Manvendra Narain Pathak, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 39 of 2024, under Section 302 IPC, Police Station- Chilh, District- Mirzapur, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 02.03.2024 under Section 306 IPC against three persons(non applicant) and according to FIR, marriage of the daughter of the informant was solemnized with the son of the applicant namely Amit Dubey in the year 2012 and he was doing job in Mumbai and his wife resisted in her matrimonial home along with her three children and due to family dispute nominated accused persons tortured her and due to their torture, she committed suicide. 5. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Section 306 IPC but during investigation, when it was revealed that actually deceased died due to throttling then case was converted under Section 302 IPC. 6. He further submitted that applicant is mother-in-law of the deceased and she was not named in the FIR but after three months, through the statement of brother of the deceased, she has been made accused in the present matter. 7. He further submitted that actually applicant resided separately along with her husband i.e. father-in-law of the deceased and this fact is evident from page no. 83 of the paper book. 8. He further submitted that however, deceased i.e. daughter-in- law of the applicant died due to throttling but as applicant did not reside along with her, therefore, she cannot be held liable for her homicidal death. 9. He further submitted that applicant is lady and there is no specific allegation against her and she is aged about 75 years' old and she is in jail in the present matter since 27.07.2024. 10. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is mother-in-law of deceased and her daughter-in-law died due to throttling, therefore, it is a case of homicidal death but could not dispute the fact that applicant was not named in the FIR and during investigation, after three months, she was made accused in the present matter and from the parivar register of the applicant, it reflects that she resided separately along with her husband i.e. father-in-law of the deceased. He further could not dispute the fact that applicant is aged about 75 years and she is in jail in the present matter since July, 2024. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, applicant is mother-in-law of the deceased and her daughter-in-law died due to throttling but it appears that applicant was not named in the FIR and during investigation, through the statement of brother of the deceased, she has been made accused in the present matter after three months. 13. Further, from the parivar register of the applicant, it reflects that she resided separately along with her husband i.e. father-in- law of the deceased. 14. Further, there is no specific allegation against the applicant and applicant is lady and she is aged about 75 years. Further, in the present matter, she is in jail since 23.07.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Manorma Dudey be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 11.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad