Neutral Citation No. - 2025:AHC-LKO:27222 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3948 of 2025 Applicant :- Ram Naresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Sandeep Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Manoj Kumar Singh, the learned counsel for the applicant, Shri Alok Kumar Tiwari, the learned A.G.A. for the State, Shri Sandeep Singh, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.27 of 2025 under Sections 85, 80(2) of B.N.S. & Section 3/4 of D.P. Act registered at Police Station- Risiya, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.02.2025 against the applicant, his son Raju and two other persons- Girish @ Harichand and Manoj, stating that the informant's daughter had married the applicant's son Raju against the informant's wishes about three months ago. The co-accused persons started demanding bullet motorcycle as dowry and started harassing her and they killed her and hanged her on 06.02.2025. 4. The inquest proceedings were witnessed by the applicant's son and wife besides certain other persons. 5. The postmortem examination report mentions a ligature mark around neck of the dead body, obliquely upward interrupted by 4.5 cm on left side at back of neck and the cause of death has been opined to be Asphyxia due to ante-mortem hanging. 6. In the statement of the informant recorded under Section 180 B.N.S.S., he reiterated the FIR version. 7. During investigation, the Investigating Officer recorded the statement of a villager Ram Kumar, who stated that the deceased had married the applicant's son Raju out of mutual love and affection and at that time also, the informant had lodged the FIR against the co-accused Manoj Kumar. He stated that after the deceased had come to live with her husband Raju, she had no communication with any person from her parents side. she committed suicide by hanging due to some dispute between her and her husband. 8. 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. 9. Learned counsel for the informant has filed a short counter affidavit annexing therewith a copy of FIR No.392 of 2024 lodged by the informant on 10.11.2024 under Section 137(2) of BNS against co-accused Manoj Kumar stating that the informant's daughter had gone away from her home in the night of 08.11.2024 and upon making enquiries, he came to know that Manoj Kumar had enticed her away. 10. learned counsel for the applicant has made a statement that after investigation, the allegations levelled in the FIR No.392 of 2024 could not be established and the Investigating Officer has submitted a closure report. 11. Learned A.G.A.-I has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations against the applicant and his son have been established during investigation and a charge-sheet has been submitted on 24.04.2025. However, allegations levelled against the other two co-accused persons could not be established during investigation. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the deceased had married the applicant's son out of mutual love and affection and the marriage ceremony was not performed by the informant or any other person from his side and no dowry was given at the time of marriage; the independent witness also stated so and he has stated that the informant had no connection with the deceased since she came to live with the applicant's son co- accused Raju; that although the informant alleged that his daughter was killed, the postmortem report mentions no mark of injury on any part of the body except a ligature mark around the neck and that the applicant has having no criminal history and he is languishing in jail since 28.03.2025 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 case. 13. Accordingly, this bail application stands allowed. 14. Let the applicant- Ram Naresh 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 :- 9.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench