Neutral Citation No. - 2025:AHC:144775 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28730 of 2025 Applicant :- Gayatri Devi Opposite Party :- State of U.P. Counsel for Applicant :- Mishra Vikas Kumar Prabhunath,Prashant Ji Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mishra Vikas Kumar Prabhunath, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.159 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Brijmanganj, District- Maharajganj, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the mother-in-law of the deceased person and has been falsely implicated in the present case. The FIR is delayed by about nine days and there is no explanation of the said delay caused. She has nothing to do with the said offence. There are general and omnibus allegations against all the accused persons including the applicant. 5. Learned counsel for the applicant has further stated that the cause of death could not be ascertained, as such, viscera of the deceased was preserved and the viscera report is still awaited. There is no criminal history of the applicant. The applicant is languishing in jail since 7.7.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application. 7. 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. 8. 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 applicant is the mother-in-law of the deceased person and there are general and omnibus allegations against all the accused persons coupled by the fact that FIR is delayed by about nine days, 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. 9. Let the applicant- Gayatri 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 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad