Neutral Citation No. - 2025:AHC-LKO:26197 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3863 of 2025 Applicant :- Surendra Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Vineet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vineet Kumar Mishra, learned counsel for the applicant, Sri Arvind Kumar Pandey, 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.0585 of 2024, under Sections 80(2) and 85 B.N.S. and Section 3/4 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 21.12.2024 against seven persons, including the applicant and his family members, stating that the informant had got his daughter married to the applicant's son/co-accused (Devendra) about five years ago; all the accused persons used to harass her for demanding dowry and they killed her and hanged her body on 20.12.2024. 4. The postmortem examination report mentions a ligature mark around the neck passing obliquely upwards and backwards with a gap of 3cm on right side of neck and 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 learned Additional Government Advocate has opposed the bail application and he has submitted that the allegations against the applicant and his son/co-accused (Devendra) have been established during investigation and a charge-sheet has been filed against them on 05.02.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR alleges that all the accused persons had killed the deceased, the postmortem examination report mentions no injury except a ligature mark around the neck and cause of death has been opined to be asphyxia due to antemortem hanging; that although the FIR alleges similar allegation against seven accused persons, five of them have been exonerated during investigation; that the investigation already stands concluded; that the applicant is 65 years old person having no criminal history and he is languishing in jail since 23.12.2024, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Surendra 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 :- 6.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench