Neutral Citation No. - 2025:AHC:23837 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26290 of 2024 Applicant :- Smt. Mausana Opposite Party :- State of U.P. Counsel for Applicant :- A.K. Singh Solanki,Pashali Slolanki,Ravindra Sharma Counsel for Opposite Party :- Bharat Singh,G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant in the Court is taken on record. 2. Heard Sri A.K. Singh Solanki, Advocate learned counsel for the applicant, Sri Alok Shukla, Advocate holding brief of Sri Bharat Singh, learned counsel for the informant and Sri Brijesh Pratap Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 95 of 2024, Session Trial No. 17419 of 2024, under Sections-498-A, 304-B, 323 IPC and Section 3/4 D.P. Act, Police Station Kadar Chowk, District-Budaun during pendency of the trial. 4. Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased and on the basis of false allegation, she has been made accused in the present matter along with her other family members. 5. He further submitted that however during investigation, informant supported the prosecution case but during trial he did not support the prosecution case and has been declared hostile. 6. He further submitted, from the post-mortem report it reflects that the deceased died due to hanging, therefore, prima facie, it appears to be a case of suicidal death. 7. He further submits that it appears that some dispute arose between the husband and wife and thereafter wife hanged herself and being her mother-in-law after her death, applicant has been made accused in the present case along with other family members. 8. He next submitted that there is no specific allegation against applicant and the applicant is lady and she in jail is in jail since 18.3.2024 for last almost a year. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that applicant is mother-in-law of the deceased and there is no specific allegation against her and deceased died due to hanging. He further could not dispute that the applicant is in jail for last almost a year. 10. Learned counsel appearing on behalf of the informant also conceded the fact that during trial informant did not support the prosecution case and has been declared hostile. He further submits that the informant is not having any objection if the applicant is enlarged on bail. 11. I have heard learned counsel for the parties and perused the record of the case. 12. The applicant is mother-in-law of the deceased and as per allegation, she along with other family members tortured her for demand of dowry and caused her dowry death but it reflects that deceased died due to hanging and therefore, prima facie it appears to be a case of suicidal death. 13. Further, there is no specific allegation against the applicant and record also suggests that during trial, informant has been declared hostile. Further, even informant is not having any objection if applicant be enlarged on bail. 14. Further, applicant is a lady, she is not having any criminal history and in the present matter she is in jail since 18.3.2024 for last almost a year. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Smt. Mausana be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 18.2.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad