Neutral Citation No. - 2025:AHC:108760 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23551 of 2025 Applicant :- Sumit Kumari Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Pati Tiwari, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 382 of 2024, under Sections 85, 80 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Auraiya, District - Auraiya, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is the mother-in-law 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 five days and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought after legal consultations. 5. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. The cause of death of deceased person could not be ascertained, as such, viscera was preserved. The viscera report did not reveal any poison in it, as such, it is a clear cut case of false implication. 6. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 10.04.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Per contra, learned AGA has 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. 8. 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. 9. 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 no poison was found in the viscera of the deceased person, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sumit Kumari, 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. 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 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad