Neutral Citation No. - 2025:AHC-LKO:25993 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1562 of 2025 Applicant :- Afjal Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Shailendra Kumar Counsel for Opposite Party :- G.A.,Anurag Singh,Shiv Pal Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shailendra Kumar, learned counsel for the applicant, Shri Ashok Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.428 of 2024 under Sections 80(2), 85 of B.N.S. & 3/4 D.P. Act registered at Police Station- Hujoorpur, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.11.2024 against the applicant, his mother and brother, stating that the informant had got his sister married to the applicant; all the accused persons used to harass her for demanding dowry and she was beaten up and hanged from the ceiling. The incident took place on 07.11.2024, the victim was admitted to a District Hospital Bahraich from where she was referred to Trauma Centre, Lucknow on 08.11.2024 and on 21.11.2024, the Doctor expressed that there was no hope for survival of the victim. Thereafter, the victim was taken back to the District Hospital, Bahraich where she died in the intervening night of 21/22.11.2024. 4. The postmortem examination report mentions an old ligature mark present over the front of neck transversely place and the cause of death has been opined to be coma due to antemortem injury as noted, which is a ligature mark around the neck and no other injury was found on the dead body. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. On the date of incident, the applicant was in South Arabia. 7. The applicant's mother co-accused Jugara has been granted bail by means of an order dated 30.01.2025 passed by a co- ordinate Bench of this court in Crl. Misc. Bail Application No.985 of 2025. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 21.01.2025. 9. Learned AGA as well as the learned counsel for the informant have opposed the bail application and they have submitted that the applicant is the husband of the deceased and he cannot claim parity with his mother. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim hanged herself in absence of the applicant while the applicant was abroad; the victim died on 21/22.11.2024 during treatment in the Hospital coupled with the fact that the applicant has no criminal history and he is languishing in jail since 17.12.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Afjal Khan be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 5.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench