Neutral Citation No. - 2025:AHC-LKO:28242 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4127 of 2025 Applicant :- Anil Kumar Shukla Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. (Home) Lko. Counsel for Applicant :- Nadeem Murtaza,Pallav Shukla,Shashank Tilhari,Snigdha Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Nadeem Murtaza, learned counsel for the applicant, Sri Alok Kumar Tiwari, learned A.G.A. for the State and Sri Virendra Misra and Sri Adarsh Mishra, Advocates as learned counsel for the informant, perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 352 of 2024, under Sections 80(2), 85 B.N.S and Section 3/4 of Dowry Prohibition Act, registered at Police Station Kotwali Bhinga, District Shravasti. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 05.09.2024 against the applicant, his father and two brothers stating that the informant had got his sister married to the applicant on 02.03.2024 and had given Rs. 2 lakh cash, a motorcycle, clothes and jewellery etc; all the accused persons were demanding Rs. 2 lakh as additional dowry and they were harassing the informant's sister; they telephonically informed him at about 8 AM on 05.09.2024 that his sister was ill. Upon reaching her matrimonial home, the informant found her dead. 4. The post mortem examination report of the victim mentions no mark of injury or sign of use of force. 5. The viscera examination report mentions presence of Chlorpyrifos poison. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. The learned counsel for the applicant has submitted that the applicant's father- Bhanu Pratap Shukla (co-accused), has already been granted bail by means of an order dated 17.04.2025 passed by this Court in Criminal Misc. Bail Application No. 3196 of 2025 wherein it is recorded that the deceased was suffering from mental ailment and the applicant had sent some money for her treatment in the month of July, 2024. Some communication took place in this regard through Watsapp, copies whereof have been annexed with this bail application. 8. The learned A.G.A for the State and learned counsel for the informant have opposed the bail application and the learned A.G.A has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 21.02.2025. 9. The learned counsel for the informant has submitted that the deceased has died in her matrimonial home within six months of her marriage under unnatural circumstances. He has further submitted that no bottle or packing of Chlorpyrifos has been recovered from the place of the incident from which it appears that the accused persons have administered the poison by mixing the same in some food items. The learned counsel for the informant has submitted that the informant is a very poor person and, therefore, he might have taken money from the applicant for treatment of his sister. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the findings of the post mortem examination report are not suggestive of forcible administration of poison; although informant has alleged that the accused persons were demanding money from him, it has not been denied that the father of the deceased had died four years ago, financial condition of the informant is very poor and the applicant himself had given financial assistance to the informant for treatment of his sister; the F.I.R levels similar allegation against all the accused persons and the applicant's father - co- accused has already been granted bail although he has been convicted and sentenced for offences under Sections 323, 307, 302 I.P.C whereas the applicant has no criminal history, he is languishing in jail since 26.11.2024 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Anil Kumar Shukla be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 14.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench