Neutral Citation No. - 2025:AHC-LKO:16251 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 336 of 2025 Applicant :- Mukesh Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anil Kumar Sharma, the learned counsel for the applicants and Sri Rajiv Kumar Verma, the learned AGA for the State. 2. The instant application has been filed seeking release of the applicants on anticipatory bail in Case Crime No. 375/2020, under Sections 498-A, 304B IPC & 3/4 Dowry Prohibition Act, P.S. Neemgaon, District Kheri. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 31.12.2020 against seven persons, including the applicants, stating that the applicants had got his daughter married to the applicants' younger brother-co-accused Rupesh about 1-1/2 years ago; that all the accused persons used to harass her for demanding dowry and all of them killed her in the intervening night of 29/30.12.2020 by assaulting her with sticks. 4. The post mortem examination report mentions several injuries on the dead body and the cause of death has been opined to be due to ante mortem strangulation. 5. Initially the Investigating Officer had submitted a charge sheet against the applicant's younger brother Rupesh, husband of the deceased, and their parents and rest of the accused persons were exonerated. After recording of some prosecution evidence, the trial court had summoned the applicants, Smt Pammi Devi, wife of applicant no. 2 and Smt. Sonam Devi, sister of the applicants, under Section 319 Cr.P.C. Smt. Sonam Devi and Smt. Pammi Devi have been granted anticipatory bail by means of order dated 12.03.2025 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 322 of 2025. 6. Learned AGA has opposed the bail application but on the basis of instructions received by him, he has submitted that the allegations levelled against the applicants are similar to the allegations levelled against Smt. Sonam Devi and Smt. Pammi Devi. 7. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. 8. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 9. Having considered the aforesaid facts and circumstances of the case and coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants-Mukesh Kumar and Suresh Kumar @ Sarvesh before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicants shall not leave India without the previous permission of the court. (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. (Subhash Vidyarthi, J.) Order Date :- 20.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench