Neutral Citation No. - 2025:AHC-LKO:26653 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3942 of 2025 Applicant :- Durgesh Kumar Dixit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Alok Kumar Singh, the learned counsel for the applicant and Shri Mohd. Asif Khan, learned AGA-I 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.058 of 2025, under Sections 85/80(2) B.N.S. and Section 3/4 D.P. Act registered at Police Station Maigalganj, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.02.2025 against the applicant, her husband, sons and daughter stating that the informant had got his daughter married the applicant on 02.03.2024; all the accused persons used to harass her for demanding dowry and they had beaten her up and hanged her on 24.02.2025. 4. A copy of the inquest report annexed with the bail application indicates that the applicant's mother had given information regarding hanging of her daughter-in-law. Although the inquest report mentions some red marks on knee, waist, thigh and neck of the dead body, the postmortem examination report specifically mention that besides a ligature mark around the neck, which was interrupted by 2cm, other injuries mentioned in the inquest report were not found over the body. 5. The investigating officer has recorded statements of the informant and his wife, both of whom have supported the FIR versions. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant has no criminal history, and he has been falsely implicated in the present case. 7. Two co-accused persons- Uma Devi and Akhilesh Kumar Dixit have already been enlarged on bail by means of orders dated 07.04.2025 & 21.04.2025 passed by this Court in Crl. Misc. Bail Application Nos.2909 of 2025 & 3294 of 2025. 8. The learned AGA-I appearing on behalf of the State has vehemently opposed the bail application on the basis of written instructions provided to her. He has produced relevant extract of case diary for perusal of the Court. He has further submitted that the allegations have been levelled during investigation and a charge-sheet has been submitted on 09.04.2025. However, allegations against the other two co-accused persons could not be established during investigation. He has submitted that the deceased had died within 11 months of her marriage inside her matrimonial home, the allegations are serious in nature, the applicant being husband of the deceased is not entitled to be released on bail. 9. Besides statements of the informant and his wife, which have been annexed with the bail application, statements of two aunts and two brothers of the deceased have also been recorded, who have supported the FIR version. The persons who had witnessed the inquest proceedings have also given statements before the investigating officer regarding inquest proceedings only. The Pandit and Nai involved in the marriage have also given their statements and they have not stated anything which may support the FIR allegations. The investigating officer has recorded statement of the applicant's father/co-accused, Akhilesh Kumar Dixit who stated that the deceased appeared to be normal on the day before the incident. She had served meals to the applicant's father. The applicant had gone away to attend a Tilak ceremony of his friend and the applicant's father had gone to derive his vehicle for a commercial booking. When the applicant returned at about 3.30 a.m., doors of his wife's room were locked from inside, thinking that his wife was angry as he had gone to attend the Tilak ceremony alone, he slept in an another room. When the room was not opened even in the morning, it was pushed open and it was found that the applicant's wife was hanging. In an attempt to save her life, she was taken down but it was found that she was dead. 9. The learned Additional Government Advocate has submitted that the investigation is still going on. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant's father has stated that the deceased committed suicide by hanging inside a room which was locked from inside; no such material is available on the case diary which may refute the aforesaid statement made by the applicant's father and that the applicant has no criminal history; he is languishing in jail since 27.02.2025 and besides the general allegations levelled against all the accused persons, no specific allegation has been levelled against the applicant and two co-accused have already been granted bail, I am of the view that the applicant is entitled to be released on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Durgesh Kumar Dixit 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 her appearance is exempted by the learned trial court. . [Subhash Vidyarthi, J.] Order Date :- 7.5.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench