Neutral Citation No. - 2025:AHC:140722 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34799 of 2024 Applicant :- Harpal Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Braham Singh,Naseem Ahmad,Salman Ahmad,Sushil Kumar Tewari Counsel for Opposite Party :- Akhilesh Kumar,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Sushil Kumar Tiwari, learned counsel for the applicants, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. Learned counsel for the informant is not present. 3. Applicants seek bail in Case Crime No. 360 of 2024, under Sections 80(2), 85, 115(2), 351(2) B.N.S. and 3/4 D.P. Act, Police Station- Katghar, District- Moradabad, 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. The applicants are father-in-law and mother-in-law of the deceased person, respectively, as such, they have nothing to do with the said offence. The husband of the deceased person had committed the said offence, if any. The applicants live separately to the husband and wife duo in the village and the offence has been committed at Katghar city of Moradabad. 5. It is further argued by learned counsel for the applicants that there is no criminal antecedent of the applicants. The applicants are languishing in jail since 25.7.2024 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application. 7. The Supreme Court in 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicants live separately to the husband and wife duo, 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- Harpal Singh and Smt. Shakuntala, 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 shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants 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 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 :- 18.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad