Neutral Citation No. - 2025:AHC:115498 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24576 of 2025 Applicant :- Smt. Sona Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rupesh Srivastava, Advocate holding brief of Sri Ashish Kumar, 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.240 of 2025, under Sections 80, 85 B.N.S. and 4 D.P. Act, Police Station Kotwali Lalitpur, District Lalitpur, 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 as she lives separately to the husband wife duo although within the precincts of the same premises. The FIR is delayed and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons. 5. Learned counsel for the applicant has further stated that the investigation is farce as is but evident from the inquest report itself as it is nowhere mentioned as to at what time the said inquest proceedings were concluded. The cause of death is asphyxia as a result of ante-mortem drowning. The deceased has committed suicide as she was depressed having given birth to two baby girls by jumping into the well within the premise of same house. 6. Learned counsel for the applicant has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 05.03.2025 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. Learned A.G.A. has vehemently opposed the bail application. 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 fact that the applicant is the mother-in-law of the deceased and there are general and omnibus allegations against all the accused persons, 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- Smt. Sona, 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 :- 17.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad