Neutral Citation No. - 2025:AHC:112132 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17748 of 2025 Applicant :- Ramakant Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- Akash Kumar Nishad,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vinay Kumar Singh, learned counsel for the applicant and Sri Akash Kumar Nishad, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 569 of 2024, under Sections 85, 61(2), 124(1), 80 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Pipraich, District - Gorakhpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is the brother-in-law (dewar) 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. 5. Learned counsel has also stated that there is dying declaration of the deceased person whereby specific role of sprinkling thinner and setting her afire has been assigned to her husband Ramgya Nishad and the role of passing match box to the husband of deceased has been assigned to the wife of the applicant Kriti. No role has been assigned to the applicant. 6. Learned counsel has next contended that the cause of death of deceased has been found to be septic shock as a result of ante- mortem burn injuries. The applicant is languishing in jail since 28.03.2025 having no criminal history to his credit. 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 and also the fact that the applicant has no criminal history. 8. 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the dying declaration of the deceased person coupled by the fact that the cause of death of deceased has been found to be septic shock as a result of ante-mortem burn injuries and also taking into consideration 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. 10. Let the applicant- Ramakant, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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:- 14.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad