Neutral Citation No. - 2025:AHC-LKO:43004 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6844 of 2025 Applicant :- Aalesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, learned Additional Government Advocate 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.0258 of 2024, under Section 92 B.N.S., registered at Police Station Behta Gokul, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. against the applicant, his mother, brother and bhabhi, stating that the informant had got his daughter married to the applicant; all the accused persons had beaten her up with kicks, fists and sticks for demanding dowry due to which the informant's daughter died at about 11 p.m. on 13.08.2024, while she was 7 months' pregnant. 4.Learned counsel for the applicant submits that earlier, the applicant has been granted bail in the same crime number under sections 80(2) and 85 BNS, 3/4 D.P. Act vide order contained in Annexure No.10 to the bail application. It is submitted that the coordinate Bench of this court while granting bail under the aforesaid sections to the applicant took note of the fact that the allegations in the first information report of beating and assaulting the deceased with kicks, fists and sticks are not supported by finding of the post mortem report. Thus, the bail was granted. Relevant part of the order dated 30.5.2025 is extracted below : "9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges that the deceased was killed by assaulting her with kicks, fists and sticks, which allegation is not supported by the finding of the postmortem examination report; in the statements of the informant and his wife, they alleged that the deceased had been administered poison but this allegation is also not supported by the finding of the viscera examination report; that co-accused Gyanwati has already been granted bail, coupled with the fact that the applicant has no criminal history; he is languishing in jail since 22.12.2024, whereas the investigation already stands concluded, I am of the view that a case for enlargement of the applicant on bail is made out." It is further submitted that after the applicant was enlarged on bail, new section 92 BNS has been added by the investigating officer and his bail under section 92 BNS has been rejected by the Sessions Court. Thus, the present bail application has been filed. 5.It is submitted that the ingredients to attract offence under section 92 BNS are missing. The applicant has done nothing so as to attract the said offence. There is no evidence or material collected by the investigating officer. It is submitted that a perusal of the post mortem report as well as ultra sound report does not show any injury on the person of the deceased, except an old healed wound on anterolateral aspect of left knee which is not relevant in this case and it has been taken note of, by coordinate Bench of this court while enlarging the applicant on bail under sections 80(2) and 85 BNS, 3/4 D.P. Act. 6.Learned AGA has opposed the bail and submitted that section 92 BNS has been added on the basis of the statement of independent witness Ranjana Devi. Allegation was on all the family members named in the first information report, including the applicant. 7. On due consideration to the facts and circumstances of the case, statement of Ranjana Devi, material collected by the investigating officer, post mortem report and ultra sound report, prima facie there appears to be no material except the statement of Ranjana Devi to attract offence under section 92 BNS, the applicant has no criminal history, he is languishing in jail since 22.12.2024 and I am of the view that a case for enlargement of the applicant on bail is made out. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Aalesh Kumar 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. Order Date :- 25.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench