HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31161 of 2024 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sunil Kumar Srivastava, Advocate holding brief of Sri Shubham Srivastava, learned counsel for the applicant, Sri Dheeraj Kumar Upadhyay, Advocate holding brief of Sri Padmaker Pandey, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.101 of 2024, under Sections 498- A, 304-B, 201 I.P.C. and 3/4 D.P. Act, Police Station- Khaga, District- Fatehpur, during the pendency of trial. 4. Learned counsel for the applicant has stated that the marriage of brother- in-law (Dewar) of the applicant was solemnized with the deceased person and it is he who had committed the said murder of his wife for demand of dowry. The applicant has been falsely implicated in the present case and she has nothing to do with the said offence. 5. Learned counsel for the applicant has further stated that the dead body was recovered from the agricultural field being disposed of by the brother- in-law of the applicant, who happened to be the husband of the deceased. The cause of death was due to antemortem head injury sustained by the deceased person. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail Versus Counsel for Applicant(s) : Manvendra Singh, Satya Prakash, Sharad Kumar Srivastava, Shubham Srivastava Counsel for Opposite Party(s) : G.A., Padmaker Pandey Madhu @ Ranni Devi .....Applicant(s) State of U.P. .....Opposite Party(s) since 27.4.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 8. This Court had called for the status of trial from the concerned trial court. As per the said status report dated 3.9.2025, only one witness has been examined to date. 9. The Supreme Court in the case of Nitish Chauhan vs. State of UP, AIR 2023 SC 2149, has granted bail to the appellant therein on the ground that the appellant has been in custody for nearly two years four months and only two witnesses had been examined out of 26 prosecution witnesses. 10. 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. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicant is the sister-in-law (Jethani) of the deceased person coupled with the fact that only one witness has been examined to date, 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. 12. Let the applicant- Madhu @ Ranni 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. BAIL No. 31161 of 2024 2 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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. September 4, 2025 Vikas Verma BAIL No. 31161 of 2024 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad