Neutral Citation No. - 2025:AHC:106063 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23177 of 2025 Applicant :- Smt. Premwati Alias Prema Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Surendra Bahadur Singh, Advocate holding brief of Sri Sanjay Kumar Yadav, learned counsel for the applicant, Sri Sanjay Mishra, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 291 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station-Shikohabad, District-Firozabad, during the pendency of trial. 4. As per prosecution story, the marriage of the son of the applicant was solemnized with the deceased person as per Hindu Rites on 12.02.2023, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of money, thereby leading her to death on 11.05.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about one day and there is no explanation of the said delay caused. There is no time of offence mentioned in the FIR. Even the FIR does not whisper a single word about the demand of dowry only it only mentions that there was demand of some money, even how much money was demanded was not mentioned in the FIR. There is a major anomaly in the post- mortem report of the victim as the inquest report indicates that though visible injury was observed by the Panch witnesses or the police authority, but, subsequently, at the time of autopsy, the Doctor has opined that the cause of death was Asphyxia as a result of ante-mortem throttling. Learned counsel for the applicant has stated that even the said averment is wrong as a contusion on left side of front of neck 6.2 cm below the angle of mandible reddish in colour was observed and it was found that clotted blood was present over Trachea but Hyoid Bone was intact, as such, it is not a case of throttling, to the maximum it is a case of hanging. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.05.2025 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 counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that the cause of death has been observed to be throttling, as such, it is not possible for one person to throttle the deceased person. The applicant was hand in glove with the main accused person, as such, she is not entitled to be released on bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the said anomaly in the inquest report and the autopsy report of the deceased person and taking into consideration the fact that the applicant is the mother-in-law of the deceased person 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. 9. Let the applicant-Smt. Premwati Alias Prema, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 7.7.2025 Karan (Krishan Pahal, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad