Neutral Citation No. - 2025:AHC:115712 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23625 of 2025 Applicant :- Golu Hela Opposite Party :- State of U.P. Counsel for Applicant :- Anchal Ojha,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sumit Kumar Srivastava, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 88 of 2025, under Sections 80(2), 85 of BNS and Section 3/4 of D.P. Act, Police Station Industrial Area, District Prayagraj, 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. He has nothing to do with the said offence as alleged in the FIR. 5. Learned counsel has further stated that there are general and omnibus allegations against all the accused persons. The cause of death has been found to be asphyxia as a result of ante mortem hanging. The applicant is the brother-in-law (jeth) of the deceased person. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 06.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the applicant has also placed much reliance upon the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam vs. The State of Bihar, 2022(6) SCC 599, whereby it has been 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. Learned counsel has further stated that the applicant lives separately in the house opposite to the house of husband of the informant. 8. Per contra, learned AGA has 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that there are general and omnibus allegations against all the accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Golu Hela, 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 the 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. 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 :- 17.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad