HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33611 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Sunil Kumar Srivastava, learned counsel for the applicants, Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record. 2. This application has been filed with a prayer to release the applicants on bail during the trial in Case Crime No. 134 of 2026, under Sections 85, 80(2) and 238 BNS and Section 3/4 D.P.Act, Police Station- Kotwali Dehat, District- Saharanpur. 3. Contention of learned counsel for the applicant is that the applicant is brother-in-law (Jeth) of the deceased, who committed suicide because she was not having any child, and her in-laws cremated her without informing her parents. It is further submitted that the site plan shows that the applicant has been living separately. The applicant has no concern with the family affairs of the in-laws of the deceased or demand of dowry. It is further submitted that the applicant has been falsely implicated only for general and vague allegation along with other family members. It is further submitted that co-accused Devi Chand (Jeth of the deceased) has been released on bail by this Court in Criminal Misc. Bail Application No.23526 of 2026 vide order dated 23.07.2026. Therefore, the applicants are also entitled to be released on bail on the ground of parity. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicants have no criminal history and they are languishing in jail since 19.08.2026. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Shubham Srivastava, Sunil Kumar Srivastava Counsel for Opposite Party(s) : G.A. Raj Kumar And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Per contra, learned A.G.A. as well as learned counsel for the first informant vehemently opposed the prayer for bail but could not dispute the parity of the applicants with co-accused Devi Chand (Jeth), who has been enlarged on bail by this Court. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been enlarged on bail and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 and without expressing any opinion on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants- Raj Kumar and Shiv Kumar involved in the aforementioned 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, with the following conditions:- i. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. BAIL No. 33611 of 2026 2 9. Verification of mobile number as well as Aadhaar Card of the applicants and sureties should also be conducted by the court concerned. 10. It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicants. 11. Office is directed to send a copy of this order to the applicants through Saharanpur Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others vs State of Jharkhand and another, in Writ Petition (Criminal) No.169 of 2025 as well as decided on 29.05.2026. 12. Application, if any, stands disposed of. September 30, 2026 A.Kr. BAIL No. 33611 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad