Neutral Citation No. - 2025:AHC:110829 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23946 of 2025 Applicant :- Rajan Dwivedi Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rahul Singh, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.450 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Sumerpur, District Hamirpur, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the brother-in-law (Devar) of the deceased and has been falsely implicated in the present case. The FIR is delayed by about six days and there is no explanation of the said delay caused. There is no specific averment as to what was demanded as dowry in the FIR. There are general and omnibus allegations against all the accused persons. 5. Learned counsel for the applicant has further stated that the deceased had sustained two injuries on her body, but the applicant has nothing to do with either of them. The cause of death was coma due to ante-mortem head injury. There is no criminal history of the applicant. The applicant is languishing in jail since 27.12.2024 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 fact that there are 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- Rajan Dwivedi, 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 :- 11.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad