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Neutral Citation No. - 2025:AHC-LKO:27901 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2086 of 2025 Applicant :- Manoj Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Arjun Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Arjun Singh Somvanshi, learned counsel for the applicant, Shri Rajiv Kumar Verma, learned A.G.A.-I 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.444 of 2024 under Sections 80(2), 85, 115(2) BNS & Section 3/4 of D.P. Act registered at Police Station- Kotwali Dehat, District- Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.09.2024 against the applicant, his father, mother, brother and brother's wife, stating that the informant got his sister married to the applicant on 20.04.2021; all the accused persons used to harass her for demanding dowry and they killed her. 4. The postmortem examination report mentions a ligature mark on the neck of the dead body passing obliquely upwards and backwards, which was interrupted by 3 cm and the cause of death has been opined to be Asphyxia due to antemortem hanging. 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. The State has filed a counter affidavit annexing therewith the material collected during investigation. However, a copy of the charge-sheet has not been annexed with the counter affidavit filed on 01.05.2024 whereas the learned AGA-I has stated that the charge-sheet has already been submitted on 14.05.2024 against the applicant and his mother. The allegations against two co-accused persons could not be established during investigation. 7. The applicant's mother and father, namely, Smt. Ramni and Ram Charan have already been granted bail by means of orders dated 20.12.2024 & 20.12.2024 passed by Co-ordinate Bench of this court in Crl. Misc. Bail Application Nos.13187 of 2024 and 13266 of 2024 respectively. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR alleges that the accused persons had killed the applicant's wife, this allegation is not supported by the findings of the postmortem examination report; that the FIR levels similar allegations against all the five accused persons and the allegations levelled against the other three co-accused persons have not been established during investigation and that the other two co-accused persons have already been granted bail, 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 case. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Manoj 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, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 12.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench