Neutral Citation No. - 2025:AHC:73228 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12616 of 2025 Applicant :- Smt Kamla Devi Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10752 of 2025 Applicant :- Banwari Lal Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Both these connected matters arose from the same FIR and, therefore, they are being disposed of by the common order. 2. Counter affidavits filed by State are taken on record. 3. Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicants and Sri S.B. Singh, learned AGA for the State- respondent. 4. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 159 of 2007, under Sections 328, 302 IPC, Police Station- Khairgarh, District- Firozabad, during pendency of the trial in the court below. 5. Learned counsel for the applicants submitted that applicants are in-laws of the deceased and it is a case, in which, their son-in-law committed suicide but on the basis of false allegation, they have been made accused in the present matter. He further submitted that there is absolutely no evidence of abatement against the applicants on record. 6. He further submitted that actually son-in-law of the applicants i.e. deceased used to consume liquor and it appears, he consumed insecticide and died and this fact is evident from the viscera report of the deceased, which is now on record. 7. He further submitted that however, it is a case of the year 2007 but during investigation, involvement of the applicants were found false and final report was submitted but on the basis of protest petition, they have been summoned in the present matter. He further submitted that however, applicants have been summoned in the present matter way back in the year 2008 but they could not become aware about the fact that coercive measures are being taken against them and when they were arrested then they came to know that they have been summoned in the present matter. 8. He further submitted that applicant-Banwari Lal, father-in-law of the deceased, is aged about 75 years while applicant-Kamla Devi, mother-in-law of the deceased, is aged about 70 years. 9. He further submitted that applicants are not having any criminal history. 10. Per contra, learned AGA opposed the prayer for bail and submitted that prima facie applicants appear to be absconder and they could only be arrested after 15 years but could not dispute the other argument on facts advanced by learned counsel for the applicants. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, it reflects, applicants could only be arrested after 15 years but as far as merit of the present case is concerned they are in-laws of the deceased and however, as per allegation, due to their torture their son-in-law i.e. deceased committed suicide but there is no cogent evidence of abatement against them on record. 13. Further, even it is a case in which initially after investigation involvement of the applicants were found false and final report was submitted in their favour and it appears, on the basis of protest petition, they have been summoned in the present matter. 14. Further, applicant-Banwari Lal, father-in-law of the deceased, is aged about 75 years and applicant-Kamla Devi, mother-in-law of the deceased, is aged about 70 years and they are not having any criminal history. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicants- Smt Kamla Devi and Banwari Lal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 6.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad