Neutral Citation No. - 2025:AHC:144757 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28002 of 2025 Applicant :- Smt. Prema Devi Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vipul Shukla, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 171 of 2025, under Sections 80(2), 85, 115(2) of BNS and Section 3/4 of D.P. Act, Police Station Jalalabad, District Shahjahanpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. 5. Learned counsel has next stated that there are general and omnibus allegations against all the accused persons. The cause of death has been found to be asphyxia as a result of ante mortem hanging. The applicant is the mother-in-law of the deceased person. There is specific allegation of demand of dowry against the husband only, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 23.04.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. Learned counsel for the applicant has also placed much reliance upon the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam vs. The State of Bihar, 2022(6) SCC 599, whereby it has been 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. Learned counsel has further stated that the applicant lives separately in the house opposite to the house of husband of the informant. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of FIR coupled by the fact that there are general and omnibus allegations against all the accused persons, 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. Prema Devi, 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 the 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 :- 22.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad