Neutral Citation No. - 2025:AHC:111295 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30156 of 2024 Applicant :- Subhawati Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- Ashok Kumar Giri,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Shaad Khan, Advocate holding brief of Sri Chandra Prakash Singh, learned counsel for the applicant and Sri Naushad Alam, Advocate holding brief of Sri Ashok Kumar Giri, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 111 of 2024, under Sections 498-A, 304-B & 506 of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Kothibhar, District - Maharajganj, during the pendency of trial. 4. As per prosecution story, the marriage of son of the applicant was solemnized with the daughter of the informant as per Hindu Rites about five years before her death. The applicant and other family members are stated to have subjected her to cruelty for a demand of a bullet motorcycle and Rs. 02 lakhs as dowry thereby leading her to death on 16.03.2024 at about 01:00 PM. 5. Learned counsel for the applicant has argued that the applicant is the mother-in-law 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 three days and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought after legal consultations. 6. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. No prosecution witnesses have been examined till date and the charge was framed against the applicant and other co-accused persons on 09.10.2024. The trial is moving at a snail's pace, as such, her fundamental rights enshrined under Article 21 of the Constitution of India stands violated. 7. Learned counsel has next contended that the cause of death of deceased could not be ascertained, as such, viscera was preserved. As per the viscera report, aluminum phosphide was found in it. There is no criminal history of the applicant. The applicant is languishing in jail since 08.07.2024 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. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. The Supreme Court in the case of 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, delay in lodging the FIR and also considering the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam (supra) coupled by the fact that no prosecution witnesses have been examined till date, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Subhawati, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 11.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad