Neutral Citation No. - 2025:AHC:110793 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23935 of 2025 Applicant :- Smt. Baby Devi Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manoj Kumar Maurya, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.34 of 2025, under Sections 80, 85 B.N.S. and 3/4 D.P. Act, Police Station Salempur, District Deoria, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present case. She has nothing to do with the said offence. The inquest report of the deceased was prepared well before the institution of FIR and the informant was panch witness no.2 at that time and she has not whispered a single word against the applicant or demand of dowry. 5. Learned counsel for the applicant has further stated that it is nowhere mentioned as to what was demanded as dowry, as such, the ingredients of Section 80(2) B.N.S. are not fulfilled. There are vague allegations of demand of dowry. There is no criminal history of the applicant. The applicant is languishing in jail since 27.01.2025 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 A.G.A. has vehemently opposed the bail application. 7. 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the informant was present at the time of inquest proceedings and she has not whispered a single word against the applicant or demand of dowry, 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. Baby Devi, 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. 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 :- 11.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad