Allowed

Smt. Kirashna v. State of U.P.

Allahabad HC4 Sept 2025BAIL/29527/2025

Case brief

AI extract

What is this about?

Bail application under Sections 80(2), 85, 91 BNS and 3/4 DP Act for a dowry death case. The applicant, widow mother-in-law of the deceased with no criminal history, was granted bail relying on the Supreme Court's caution against roping in distant relatives on omnibus allegations.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to conditions of not tampering with evidence, not intimidating witnesses, and appearing before the trial court.

Smt. Kirashna vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29527 of 2025

Smt. Kirashna

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

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Counsel for Applicant(s)	: Raja Ullah Khan
Counsel for Opposite Party(s)	: G.A.

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Court No. - 65

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HON'BLE KRISHAN PAHAL, J.

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List has been revised.

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Heard Sri Raja Ullah Khan, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.252 of 2025, under Sections 80(2), 85, 91 B.N.S. and 3/4 D.P. Act, Police Station Banda, District Shahjahanpur, during the pendency of trial.

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Learned counsel for the applicant has stated that the applicant is the mother-in-law of the deceased and is a widow. She has nothing to do with the said offence as she lives separately to the husband-wife duo with her daughter who is the deponent of the instant bail application. There are general and omnibus allegations against all the accused persons including the applicant.

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Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 17.06.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

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The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs.

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BAIL No. 29527 of 2025

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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.

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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 she lives separately to the husband wife duo, 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 .

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Let the applicant- Smt. Kirashna , 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.

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(i) The applicant shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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(iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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(Krishan Pahal,J.)

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September 4, 2025 (Ravi Kant)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Smt. Kirashna v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Kirashna v. State of U.P.

Case brief

What is this about?

What did the court decide?

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