Neutral Citation No. - 2025:AHC-LKO:24275 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3575 of 2025 Applicant :- Neeraj Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Syed Raza Mehdi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. 1. Heard Shri Syed Raza Mehdi, learned counsel for the applicant, Shri , 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.272 of 2024 under Sections 80, 85 of B.N.S. & Section 3/4 of D.P. Act registered at Police Station- Dewsara, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.10.2024 against the applicant, his elder brother- Sonu Gautam, sister- Geeta Gautam and uncle- Sitaram, stating that the informant had got his daughter married to the applicant's brother Sonu Gautam about three years ago; that all the accused persons killed her at about 03:00 PM on 23.10.2024 by beating her with kicks, fists, sticks and by strangulating her with a rope for failure of the informant to give a motorcycle in dowry. 4. The inquest proceedings were witnessed by the informant also. 5. The postmortem examination report mentions a ligature mark present all around neck of the deceased which was interrupted by 6 cm on left side and the cause of death has been opined to be Asphyxia due to ante-mortem hanging. Besides a ligature mark, no other injury was mentioned in the postmortem examination report. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and she has been falsely implicated in the present case. 7. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations levelled against the applicant and his brother Sonu Gautam have been established during investigation and a charge-sheet has been submitted against the aforesaid two persons on 29.11.2024. However, the allegations against the other two co-accused persons have not been established. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges that the deceased was beaten up and strangulated by four accused persons whereas the postmortem examination report mentions that the deceased died due to hanging and no other injury mark has been found on the dead body; that the allegations levelled against two co-accused persons could not be established during investigation and that the applicant is a young man having no criminal history and he is languishing in jail since 27.10.2024 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Neeraj Gautam 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 :- 29.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench