Neutral Citation No. - 2025:AHC:117029 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10834 of 2025 Applicant :- Radheshyam Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.,Ravindra Sharma Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Lavesh Sharma, Advocate holding brief of Sri Ravi Shankar Tripathi and Mrs. Abhilasha Singh, learned counsels for the applicant and Sri Ravindra Sharma, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 329 of 2024, under Sections 80(2), 85, 352 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Zarif Nagar, District - Budaun, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is the father-in-law of the deceased person and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. There are general and omnibus allegations against all the accused persons. 5. Learned counsel has also stated that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. Criminal history of four cases assigned to the applicant stands explained in the affidavit. 6. Learned counsel has next contended that the applicant is languishing in jail since 23.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 9. The Supreme Court in the case of Kahkashan Kausar @ Sonam Vs. The State of Bihar, reported in 2022(6) SCC 599 has categorically stated 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 and also considering the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging and also there being general and omnibus allegations against the applicant coupled by the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam (supra), I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Radheshyam, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 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. Order Date:- 18.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad