Neutral Citation No. - 2025:AHC:105531 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19938 of 2025 Applicant :- Hardesh Kumar Alias Chote Lal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Priya Singh, Advocate holding brief of Sri Sanjay Kumar, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.188 of 2024, under Sections 498-A. 304-B I.P.C. read with 3/4 D.P. Act, Police Station Etmadpur, District Agra, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the father-in-law of the deceased and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about seven days and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 13.01.2025 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 A.G.A. has vehemently opposed the bail application. 7. The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs. The State of Bihar, 2022(6) SCC 599 has categorically opined 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 the delay in institution of FIR and the settled law of the Supreme Court passed in Kahkashan Kausar @ Sonam (Supra) 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- Hardesh Kumar Alias Chote Lal, 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 pressurise/intimidate with 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 :- 7.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad