Neutral Citation No. - 2025:AHC-LKO:17505 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2589 of 2025 Applicant :- Kaushal Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anurag Singh, the learned counsel for the applicant, Sri Diwakar Singh, 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. 202 of 2024, under Sections 498-A, 304-B, 316 I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Kothi, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.06.2024 against the applicant and his cousin Karan stating that the informant's daughter had married the applicant on 17.01.2024 because of previous love affair. The accused persons started harassing her for demanding dowry and the informant received a phone call about 8.00 a.m. on 05.06.2024 from an unknown person who told that his daughter has hanged herself. When the informant reached there the accused persons were present there. However, when the police reached the spot the co-accused ran away. 4. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copy of the inquest report, which was witnessed by the informant and his son besides some other persons and all the witnesses stated that the deceased committed suicide due to ill-treatment of her family members. The postmortem examination report mentions a ligature mark around the neck of the dead body which was interrupted by 2 cm on left side. The cause of death has been opined to be asphyxia due to ante mortem hanging. The postmortem examination report also reveals that the deceased was 2-3 months pregnant. 5. During investigation the statements of informant and his wife were recorded by the Investigating Officer. In response to a specific question as to whether the deceased had complained about harassment by accused persons at any occasion, both of them categorically stated that the deceased had not made any complaint against the applicant. When they reached the spot the applicant was present near the dead body, but upon seeing the police he had escaped and therefore they got suspicious against the applicant. 6. In the affidavit filed in support of 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. 7. The learned A.G.A. on the basis of written instructions has submitted that the allegations have been found to be established during investigation and a charge sheet has been submitted on 04.07.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place in the morning of 05.06.2024 whereas the F.I.R. has been lodged at 14.30 Hrs. on 07.06.2024; that the except for a ligature mark no mark of injury was found on the dead body and the cause of death has been opined to be asphyxia due to ante mortem hanging; that the F.I.R. itself stated that the victim had married the applicant out of love affair and that the informant and his wife have specifically stated in response to a specific question that the deceased did not ever make any complaint against the applicant; that the applicant has no previous criminal history and he is languishing in jail since 08.06.2024 and the investigation already stands concluded without making any observation, which may affect the merits of the case, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Kaushal Kumar be released on bail in the aforesaid 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 appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 27.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench