HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25600 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Rejoinder affidavit filed today is taken on record. 3. Heard Sri Narayan Singh(Kushwaha), learned counsel for the applicant, Sri Shahrukh, learned counsel for the informant as well as Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.259 of 2025, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Kankarkheda, District Meerut, during the pendency of trial. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. Applicant is the mother-in-law of the deceased person. There are general and omnibus allegations against all the accused persons. FIR is delayed by about 13 hours and there is no explanation to the said delay caused. As per the inquest report, informant is panch witness No.1 and the inquest proceedings were started at 10:55 AM and concluded at 02:00 PM while FIR has been instituted at 01:45 PM which means informant was present at two places. It is further argued that the cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 26.04.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Narayan Singh(Kushwaha), Umesh Singh Counsel for Opposite Party(s) : G.A. Smt. Brahamwati .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Per contra, learned counsel for the informant as well as learned State Law Officer have vehemently opposed the bail application on the ground that FIR is prompt and there is an application filed by the deceased person about four days before the incident on 21.04.2025 which was instituted at Jan Sunvai Portal whereby it is alleged that applicant and other co-accused persons had tried to strangulate her earlier also. 7. In rebuttal, learned counsel for the applicant has stated that an application was instituted by the applicant also at the police station whereby the deceased person had manhandled the applicant and caused injuries to her. 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 there are general and omnibus allegations against all the accused persons coupled with the fact that applicant had also submitted an application against the deceased, 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. Brahamwati, 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 BAIL No. 25600 of 2025 2 shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 1, 2025 Karan BAIL No. 25600 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad