Neutral Citation No. - 2025:AHC:108160 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23630 of 2025 Applicant :- Phoolwati Opposite Party :- State of U.P. Counsel for Applicant :- Anju Kushwaha,Gagan Pratap Singh,Rohit Kumar Kushwaha Counsel for Opposite Party :- G.A.,Lalit Prakash,Suraj Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Gagan Pratap Singh, learned counsel for the applicant, Sri Lalit Prakash, learned counsel for the informant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.46 of 2025, under Sections 80, 85 B.N.S. and 3/4 D.P. Act, Police Station Barsana, District Mathura, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the mother-in-law, aged about 77 years, of the deceased and has been falsely implicated in the present case. She has nothing to do with the said offence as she lives separately to the husband wife duo about 60 kilometers away. There is rent agreement entered by the grand-son of the applicant with the land-lord, which has been annexed as annexure no.12 to the bail application. Even there is news paper cutting indicating that the applicant lives separately to the husband wife duo. 5. Learned counsel for the applicant has further stated that it is true that the cause of death is strangulation, but the applicant has nothing to do with the said offence. What transpired between the husband and wife is best known to them. There is no criminal history of the applicant. The applicant is languishing in jail since 26.02.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that the said rent agreement is not between the applicant and the land-lord, rather it is the grand-son of the applicant who is party to it, as such, it cannot be taken into consideration. 7. Learned counsel for the informant has further stated that even the news papers cutting does not bear the date on it and the cause of death is strangulation, as such, the applicant is not entitled for bail. It is not a case of suicide. 8. The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs. The State of Bihar, 2022(6) SCC 599 has 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the age of the applicant and the rent agreement of the grand-son of the applicant, 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. 10. Let the applicant- Phoolwati, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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