Neutral Citation No. - 2025:AHC:112080 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22976 of 2025 Applicant :- Mukatshri Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Krishn,Rakhi Counsel for Opposite Party :- G.A.,Sanjay Kumar Dubey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Kumar Dubey, Advocate holding brief of Sri Abhay Krishn, learned counsel for the applicant and Sri Sanjay Kumar Dubey, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 76 of 2025, under Sections 80, 85 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Sikandrarau, District - Hathras, during the pendency of trial. 4. As per prosecution story, the marriage of son of the applicant was solemnized with the sister of the informant as per Hindu Rites on 07.06.2022. The applicant and other family members are stated to have subjected her to cruelty for a demand of four wheeler car as dowry thereby leading her to death on 17.02.2025. 5. Learned counsel for the applicant has argued that the applicant is the mother-in-law (saas) of the deceased person and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. The inquest proceedings of the deceased person were conducted on 18.02.2025 itself and was completed by 10:20 AM. The informant is the panch witness no. 1 in the said inquest proceedings but he did not care to institute the FIR at that day rather the FIR has been instituted the next day i.e. on 19.02.2025 at 07:54 PM which is after legal consultations, as such, it is a clear cut case of false implication. 7. Learned counsel has next contended that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. The applicant lives separately to the husband and wife duo. There is no criminal history of the applicant. The applicant is languishing in jail since 04.04.2025 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. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. The Supreme Court in the case of 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. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam (supra) coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Mukatshri, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 14.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad