Neutral Citation No. - 2025:AHC:14043 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27725 of 2024 Applicant :- Malti Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Yadav,Shreesh Srivastava Counsel for Opposite Party :- Brahma Nand Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shreesh Srivastava, learned counsel for the applicant, Sri Brahma Nand Singh, learned counsel for the informant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 177 of 2024, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station- Atrauliya, District- Azamgarh, during pendency of the trial in the court below. 3. 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 family members including her son and husband i.e. husband and father-in-law of the deceased. 4. He further submitted that after considering entire facts of the case in detail, co-accused Rajesh Jaiswal, father-in-law of the deceased, has already been released on bail by this Court vide order dated 23.11.2024 passed in Criminal Misc. Bail Application No. 41797 of 2024 and on facts, case of applicant is at par with him. 5. He further submitted that even from the post-mortem report of the deceased, it reflects that she died due to hanging, therefore, prima facie, it appears to be a case of suicidal death. 6. He further submitted that applicant is lady and there is no specific allegation against her and she is not having any criminal history and she is in jail in the present matter since 14.06.2024 i.e. for last more than six months. 7. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the fact that applicant is mother-in-law of the deceased and father-in-law of the deceased has already been released on bail and on facts, case of applicant is at par with him. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the fact that applicant is mother-in-law of the deceased and there is no specific allegation against her and father- in-law of the deceased has already been released on bail and post- mortem report of the deceased suggests that she died due to hanging and applicant is not having any criminal history and in the present matter, she is in jail since 14.06.2024 i.e. for last more than six months, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Malti Jaiswal 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 his 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. 12. 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. 13. 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 :- 27.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad