1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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.134 of 2024, registered under Sections 498-A, 304 B I.P.C., and Section 3/4 D.P. Act, P.S. Barra, District South (Commissionrate Kanpur Nagar), during pendency of the trial.

3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is mother-in-law of the deceased aged about 68 years. As per F.I.R. allegation, applicant and other accused persons instigated the deceased to commit suicide. There is no evidence which may prima facie show that deceased death is caused by hanging and except ligature mark, there is no injury on the part of the deceased. The statement of witnesses recorded during investigation and medical examination report and postmortem report are not supporting the prosecution case. It is further submitted that from the statement of prosecution witnesses, it is clear that it is not a case of dowry death and only to harass and pressurize the applicant, story of dowry death has been cooked up. Independent witnesses in their statements have stated that deceased has committed suicide due to financial problem and from postmortem report, it is clear that deceased succumbed to ante mortem hanging and no external ante mortem injuries were found on her person. The applicant has no criminal history. The applicant is languishing in jail since 17.03.2024. In case, the applicant is released on bail, she will not misuse the liberty of bail and cooperate in trial.

4. Learned A.G.A. has opposed the bail prayer of the applicant.

5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused 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.

6. Let the applicant- Smt Usha who is involved in the aforesaid 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial 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.

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