Neutral Citation No. - 2025:AHC-LKO:21411 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3183 of 2025 Applicant :- Bahadur Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Ashok Kumar Mishra,Renu Pal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashok Kumar Mishra, learned counsel for the applicant, Sri P.K. Sinha, learned Additional Government Advocate 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.0584 of 2024, under Sections 80(2), 85, 352 and 351(3) B.N.S. and Section 3/4 D.P. Act, registered at Police Station Kotwali Dehat, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.11.2024 against the applicant, his father and mother, stating that the informant had got his daughter married to the applicant about one and a half years ago. All the accused persons used to harass her for demanding dowry. On 12.11.2024, the applicant telephonically informed the informant that the applicant's wife had gone away somewhere whereupon the informant had given an online application to the police on 13.11.2024. After much efforts and conducting search, dead- body of the informant's daughter was found hanging from a tree in Bahraich. 4. The inquest proceedings were witnessed by the informant as well as the applicant and his father/co-accused- Jagdish Pal. The inquest report mentions that on 12.11.2024 the representative of Village Pradhan had informed the police that a dead-body of a woman aged 25 years was hanging from a tree in village Govindapur whereupon photograph of the dead-body was widely advertised and it was identified by the informant. The inquest report mentions a 'U' shape ligature mark around the neck, and no other injury was visible on the dead-body. All the witnesses stated that the deceased committed suicide by hanging from the tree. 5. The postmortem of the dead-body was conducted on 15.11.2024 and the postmortem examination report mentions that the deceased died due to asphyxia as a result of antemortem hanging about 3-4 days ago. 6. In the statement of the informant recorded under Section 180 B.N.S.S., he reiterated the FIR version. However, in his additional statement, the informant stated that his daughter was short-tampered, whereas her husband is a greedy person. The applicant had scolded his wife for demanding dowry. The informant 's daughter had told this fact telephonically to his wife and being angry from this, she had gone away from her matrimonial home. The informant further stated that the applicant's father and mother are not guilty. 7. The investigating officer has recorded statements of some independent witnesses, who also stated that disputes, as are common in households, kept on accruing between the applicant and his wife, and it is possible that some dispute had erupted between the applicant and his wife on the day of the incident but they stated that the applicant's parents have been falsely implicated. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and he has no criminal history. 9. The learned Additional Government Advocate has opposed the bail application and submitted that the allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 05.02.2025. However, the allegations levelled against the applicant's parents could not be established during investigation and no charge-sheet has been submitted against them. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant himself had informed to the informant about his wife having gone missing on 12.11.2024 and the informant had lodged a missing report on 13.11.2024; that the postmortem report mentions ligature mark only and no injury has been reported; that the independent witnesses have not made any statement about harassment of the deceased for demanding dowry; that the FIR levels similar allegations against all the accused persons, whereas the allegations levelled against two co-accused have been withdrawn subsequently; that the applicant has no criminal history, he is languishing in jail since 23.01.2025, 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- Bahadur 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 :- 16.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench