HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30727 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Ghan Shyam Das, 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.247 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station Bhongaon, District Mainpuri, during the pendency of trial. 4. As per prosecution story, the marriage of son of the applicant was solemnized with the deceased person as per Hindu Rites about seventeen months before the incident. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.3 lakhs and ornaments as dowry, thereby led her to death on 13.05.2025 at about 1:00 p.m. 5. Learned Senior Counsel for the applicant has stated that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present case. She has nothing to do with the said offence. The FIR is delayed by about six hours and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons including the applicant. 6. Learned Senior Counsel for the applicant has further stated that the cause Versus Counsel for Applicant(s) : Ghan Shyam Das Counsel for Opposite Party(s) : G.A. Shanti Devi .....Applicant(s) State of U.P. .....Opposite Party(s) of death is asphyxia as a result of ante-mortem hanging. The son of the applicant had given the information to the informant within time and even he rushed the deceased to hospital. There is a child born out of the said wedlock and all the family members are in jail. There is no one to take care of the said child, as such, he has been forced to lead a life of destitution and vagrancy. 7. Learned Senior Counsel for the applicant has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 05.06.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 9. 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. 10. 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 the applicant is the mother-in-law of the deceased person and there is no one to take care the said child born out of the said wedlock as the other family members are in jail, 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. 11. Let the applicant- Shanti 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. BAIL No. 30727 of 2025 2 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. September 9, 2025 (Ravi Kant) BAIL No. 30727 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad