Neutral Citation No. - 2025:AHC:127769 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25165 of 2025 Applicant :- Smt. Rani Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Awadhesh Prasad, learned counsel for the applicant, Sri Rakesh Kumar Shukla, learned counsel for the informant as well as 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. 110 of 2025, under Sections 80(2), 85, 115(2), 238, 3(5) B.N.S. and 3/4 D.P. Act, Police Station- Tahrauli, District- Jhansi, during the pendency of trial. 4. As per prosecution story, the marriage of son of the applicant was solemnized with the deceased person as per Hindu Rites in the year 2022, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Rs.5 lakh as dowry, thereby leading her to death on 30.5.2025 at about 07:30 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is the mother-in-law of the deceased person and she has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the dead body was recovered about two kilometers away from the village near the canal and the truth is that husband and wife duo had left the village on motorcycle and what transpired between the husband and wife duo is best known to the deceased and son of the applicant. 7. It is further argued by learned counsel for the applicant that the applicant is a home maker and she lives in the house only. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 3.6.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 9. The Supreme Court in 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of two days in institution of FIR and also the fact that dead body was recovered about 2 kilometers away from the village and the applicant being a home maker, 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. 11. Let the applicant- Smt. Rani, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 31.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad