Neutral Citation No. - 2025:AHC-LKO:22438 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7238 of 2024 Applicant :- Suraj Opposite Party :- The State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Deo Raj Singh Counsel for Opposite Party :- G.A.,Rahul Agnihotri Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Deo Raj Singh, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate for the State, Sri Rahul Agnihotri, 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. 08 of 2024, under Sections 498-A/304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Nighasan, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.01.2024 against the applicant, his father, mother, younger brother and younger brother's wife stating that the informant had got his sister married to the applicant about 3 years ago; that all the accused persons used to harass her for demanding dowry and they killed her by strangulation on 07.01.2024. 4. The postmortem examination report of the dead body mentions a ligature mark around the neck of the dead body and the cause of death has been opined to be asphyxia due to ante mortem hanging. 5. In the affidavit filed in support of 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. After investigation a charge sheet was submitted against the applicant, his father and mother only and the allegations against the applicant's brother and brother's wife could not be established during investigation. The applicant's father and mother have already been granted bail by this court and copies of their bail orders have been annexed as Annexure No.7 to the affidavit filed in support of the bail application. 6. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statements of PW-1 (informant) and PW-2 (Chunnu-brother in law of the deceased). 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. contains similar allegations against all the accused persons; that the allegations against to co-accused persons could not be established during investigation and the other two co-accused persons have already been granted bail; that the statements of informant and another prosecution witness already been recorded, therefore, in case of his release the applicant will not be in a position to influence the witnesses; that the applicant has no previous criminal history and he is languishing in jail since 09.01.2024 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-Suraj 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 :- 21.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench