HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35785 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 145 of 2026, under Sections 85, 80(2), 115(2), 351(3) BNS, and Section 4 Dowry Prohibition Act, Police Station Jaswant Nagar, District Etawah, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the applicant is brother-in-law (Devar) of the deceased, who died due to electric shock. Thereafter the husband of the deceased immediately rushed her to the hospital, where she was declared brought dead. It is further submitted that though the post mortem report shows two injuries on the left part of the head of the deceased, the said injuries were caused because on falling down after receiving the electric shock and post mortem report itself shows that cause of death is coma not the ante mortem injuries. It is also submitted that the applicant has been residing separately from the family of the victim. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has been falsely implicated merely being brother-in-law (Devar) of the deceased, though there is no sufficient material against her to show that she harassed the deceased for non- fulfillment of demand of dowry prior to death. The applicant has been falsely implicated by making general and vague allegations along Versus Counsel for Applicant(s) : Pankaj Kumar Mishra Counsel for Opposite Party(s) : G.A. Keshav .....Applicant(s) State of U.P. .....Opposite Party(s) with other family members. It is further submitted that for invoking presumption of dowry death in case of death under unnatural circumstances within 7 years of marriage, there must be sufficient material to show that the deceased was subjected to cruelty soon before the death, but there is no such material. 4. It is further submitted that co-accused Kanti, who is the sister-in-law (Jethani) of the deceased, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 25134 of 2026 vide order dated 04.08.2026. Therefore, the applicant having an identical role, is also entitled to be released on bail on the ground of parity. It is lastly submitted that the applicant has no criminal history and being a lady, she is entitled to be released on bail in view of Section 480 BNSS. She is languishing in jail since 20.05.2026. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been enlarged on bail and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P., 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 7. Let the applicant- Keshav, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the BAIL No. 35785 of 2026 2 following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Etawah via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in BAIL No. 35785 of 2026 3 (2024) 10 SCC 685 as well as Pila Pahan@Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. 14. Application, if any, stands disposed of. October 7, 2026 SA BAIL No. 35785 of 2026 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad