HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31020 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 71 of 2025, under Sections 85, 115(2), 80(2) B.N.S., 2023 and Sections 3/4 Dowry Prohibition Act, Police Station Heempur Deepa, District Bijnor, during the pendency of trial. 3. As per the prosecution case, in brief, the complainant who is brother of the deceased-Salmana got a first information report lodged on 02.06.2025 against five accused persons namely, Washif, Afsana (applicant), Rahmat, Adil and Ilma, who are husband, mother-in-law, father-in-law, brother-in-law (devar) and sister-in-law (nanad) respectively of the deceased stating inter alia that marriage of his sister was solemnized with Washif on 09.02.2025, but after sometime accused persons started demanding additional dowry of Rs. 5,00,000/- and on account of non-fulfilment of their demand, she was done to death by the accused persons. 4. It is argued by learned counsel for the applicant that the applicant is mother-in-law of the deceased and she has been falsely implicated in this case. The deceased died by committing suicide and information about the said incident was given by the Versus Counsel for Applicant(s) : Peeyush Kumar Pathak, Prateeyush Kumar Pathak Counsel for Opposite Party(s) : G.A. Afsana .....Applicant(s) State of U.P. .....Opposite Party(s) relative of the applicant. It is next submitted that complainant has not come with clean hand. In this regard, it is pointed out that complainant in the F.I.R. has stated that he received information about the incident from a person who is resident of Naiwala, whereas when his statement was recorded during investigation, he has given contradictory statement that he received information from his relative who is resident of Mandawali Saindu. It is also pointed out that co-accused Rahmat (husband of the applicant) was also granted bail by the concerned court below vide order dated 11.08.2025, but on 14.08.2025, he died. General allegation of demand of dowry has been levelled against all the accused persons. No specific role has been attributed to the applicant. The applicant has no criminal antecedent. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 20.06.2025 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that cause of death of the deceased is asphyxia due to ante-mortem hanging and except the ligature mark no other injury has been found on the body of the deceased. 7. Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 8. Let the applicant-Afsana, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned BAIL No. 31020 of 2025 2 with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after her release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 10, 2025 Kashifa BAIL No. 31020 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad