Neutral Citation No. - 2025:AHC:127981 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26295 of 2025 Applicant :- Gulfan Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Brajesh Kumar Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case No.4316 of 2004 arising out of Case Crime No.C-02 of 2003, under Sections 498-A, 304-B, 201 I.P.C. and 3/4 D.P. Act, Police Station Nasirpur, District Firozabad, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the brother-in-law (Jeth) of the deceased person and has been falsely implicated in the present case. The instant case is misuse of process of law. The closure report was filed by the Investigating Officer after thorough investigation on 17.09.2003. The applicant had surrendered before the court on 25.05.2025 and is in jail since then. 5. Learned counsel for the applicant has further stated that as per suicide note, all the accused persons were exonerated. There is no criminal history of the applicant. The applicant 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 599has 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 suicide note and the fact that the applicant is the brother-in-law (Jeth) of the deceased person, 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- Gulfan, 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 :- 31.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad