Neutral Citation No. - 2025:AHC-LKO:25655 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13196 of 2024 Applicant :- Sarvesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vinay Kumar Tiwari,Vivek Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Jagriti B. Rao, Advocate holding brief of Sri Vivek Pandey, learned counsel for the applicant, Sri Ashok Srivastava, 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. 0232 of 2024, under Sections 85, 80 BNS and Section 3/4 of Dowry Prohibition Act, registered at Police Station Nagram, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.09.2024 against six persons, including the applicant, his mother Vimla Devi and four other family members stating that the informant had got his daughter married to the applicant in the year 2021. All the accused persons used to harass her for demanding dowry and she committed suicide by hanging herself. 4. The informant has given an application to the Circle Officer, Mohanlalganj stating that although he had lodged the F.I.R., but at the time of the incident, the victim was alone at her residence. The applicant was at Damariadeeh, Siddharth Nagar in connection with his work. He had received information of the incident through the applicant only. He has categorically stated that he does not want any further proceedings in the present case. 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. 6. The State has filed a counter affidavit annexing therewith copies of relevant materials collected during investigation and a copy of charge sheet submitted on 16.11.2024 against the applicant and his mother co-accused Vimla Devi. 7. The relevant extracts of case diary has been annenexed with the counter affidavit, wherein the Investigating Officer has recorded that the deceased had recorded a video message wherein she stated that her mother in law quarreled with her and abused her. She also stated that her husband also abused her and he used to beat her son. Addressing her mother, the victim stated that after her death her mother in law and her husband should be implicated. 8. The mother in law of the deceased Smt. Vimla Devi has already been enlarged on bail by a coordinate Bench of this court by means of an order dated 25.10.2024, passed in Criminal Misc. Bail Application No.11386 of 2024. 9. The learned A.G.A. has opposed the prayer for bail and he has submitted that the applicant is the husband of the deceased and he cannot claim parity with the mother-in-law. He has further submitted that the co-accused has been granted bail taking into consideration the provisions contained in Section 437 Cr.P.C. 10. Although, the bail order of co-accused Vimla Devi makes a mention of Section 437 Cr.P.C., the order takes into all the relevant facts and circumstances of the case. A perusal of the relevant extract of the case diary indicates that the deceased had levelled similar allegations against the applicant and co-accused Vimla Devi and, therefore, the case set up against the applicant is at par with the case set up against co-accused Vimla Devi. Further, father of the deceased had already given an application stating that the applicant was not present at the time of the incident and he was at Damariadeeh, Siddharth Nagar in connection with his work. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history, he is languishing in jail since 09.09.2024, the investigation already stands concluded and a co-accused against whom similar allegations have been levelled, has 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 on the ground of parity. 12. Accordingly, this bail application stands allowed. 13. Let the applicant-Sarvesh 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. (Subhash Vidyarthi, J.) Order Date :- 2.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench