Neutral Citation No. - 2025:AHC:108717 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23544 of 2025 Applicant :- Gangaram Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Surendra Mohan Mishra, learned counsel for the applicants and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 3. Applicants seek bail in Case Crime No. 45 of 2025, under Sections 85, 80(2) of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Jogiya Udaypur, District - Siddharth Nagar, during the pendency of trial. 4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 5. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. The applicant no. 1 is the father-in-law and applicant no.2 is the brother-in-law of the deceased person. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. 6. Learned counsel has next contended that there is no criminal history of the applicants. The applicants are languishing in jail since 15.05.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have 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, delay in lodging the FIR and also considering the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam (supra) coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicants on bail. The bail application is allowed. 10. Let the applicants- Gangaram Yadav and Manoj, who are involved in aforementioned case crime be released on bail on their 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 applicants will not tamper with the evidence during trial. ii) The applicants will not pressurise/intimidate with the prosecution witnesses. iii) The applicants 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 applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 9.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad