Neutral Citation No. - 2025:AHC:114827 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16962 of 2025 Applicant :- Raju Balmiki Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra,Laxmi Devi Counsel for Opposite Party :- G.A.,Indra Jit Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri Sushil Kumar, Advocate holding brief of Sri Indra Jit Singh, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.41 of 2025, under Sections 80, 85 B.N.S. and 3/4 D.P. Act, Police Station- Kotwali, District- Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is the father-in-law of the deceased person and he has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons and no particular role has been assigned to the applicant. 5. It is further argued by learned counsel for the applicant that the dead body of the deceased was not subjected to any autopsy, as such, it is a clear cut case of false implication. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 7. The Supreme Court in 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicant is the father-in- law of the deceased person and there being general and omnibus allegations against all the accused persons, 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. 9. Let the applicant- Raju Balmiki, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 16.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad