Neutral Citation No. - 2025:AHC-LKO:28926 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4244 of 2025 Applicant :- Kuldeep @ Mithun Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Abhisar Dev Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Abhisar Dev, learned counsel for the applicant, Sri Ashok Srivastava, the learned counsel 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. 268 of 2024, under Sections 80(2), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Ataria, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.09.2024 against the applicant and his family members stating that the informant had got her daughter married to the applicant about three years ago. All the accused persons used to harass her for demanding dowry due to which she died. The applicant himself had given information of death of his wife to the police on 25.09.2024 at 21.39 Hrs. and the inquest proceedings were witnessed by the informant and his father also. All the witnesses present during inquest proceedings stated that the deceased had died due to illness. The postmortem examination report mentions that both the lungs were congested and on cutting multiple pus pockets were found in the lungs. The cause of death has been opined to be shock. 4. The viscera examination report mentions that no poison was found in the samples. 5. In the affidavit filed in support of 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. 6. The applicant's father co-accused Ram Naresh has been granted bail by means of an order dated 03.04.2025 passed by this Court in Crl. Misc. Bail Application No.2805 of 2025. 7. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 05.02.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant himself had given the information of death to the police and during inquest proceedings the informant herself stated that her daughter died due to illness; that the postmortem examination report reveals pus pockets in the lungs of the deceased and the cause of death has been opined to be shock; that the applicant has no previous criminal history and he is languishing in jail since 26.02.2025, the investigation already stands concluded; that the applicant's father has already been granted bail and without making any observation, which may affect the merits of the case, 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- Kuldeep @ Mithun Tiwari 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 :- 16.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench