HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW . CRIMINAL MISC. BAIL APPLICATION No. - 1757 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.441 of 2024, under Section 103(1) BNS, P.S. Payagpur, District Bahraich. 3. In terms of the FIR lodged on 14.09.2024 allegations were levelled that niece of the informant was married to one Ramkaran some times four years ago and sufficient dowry was also given, however, the entire matrimonial family used to beat her for dowry and was ultimately hanged to death for non payment of dowry. The applicant is brother-in-law of the deceased and was also named in the FIR. Subsequently, the statement of the informant was recorded wherein he reiterated the FIR version and alleged that the matrimonial family had killed her for dowry. Once again, the statement of the informant was recorded wherein he stated that earlier the niece of the informant was enticed by the applicant for which the son-in-law had given information in the police station. Subsequently, the applicant brought her back to home and also apologised and thereafter, compromise was arrived at, thus, no proceedings were initiated then. He also stated that on the date of the incident, the applicant was at home and used to pressurize the victim and Versus Counsel for Applicant(s) : Himanshu Trigunait, Ashish Raman Mishra, Pawan Singh Yadav . Counsel for Opposite Party(s) : G.A. Gulshan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) he had committed the offence in question. Based upon the said statement, the entire family members of the deceased were exonerated except the applicant who is proposed to be tried under Section 103(1) BNS. 4. In the light of the said, submission of learned counsel for the applicant is that the applicant has been linked for being tried under Section 103(1) BNS solely based upon the second statement of the informant. He draws my attention to the statement recorded during trial wherein he has denied that he had given the second statement or anything as narrated in the second statement has occurred. In fact, he reiterated the version as stated in the FIR and the first statement. In the light of the said, counsel for the applicant argues that the applicant has been falsely implicated for the offence under Section 103(1) BNS and is in custody since 16.09.2024 having no criminal antecedents, as such, he may be enlarged on bail. 5. Learned AGA opposes the bail application by arguing that in furtherance to the statement given by the informant for the second time, statement of Pradhan was also recorded who deposed that it was the applicant who used to harass the deceased and he specifically stated that no demand of dowry was made. 6. Irrespective of the said statement, the fact remains that the applicant was implicated with the offence based upon second statement which has been resiled in the statement recorded during trial. There being no such material to link the applicant with the offence where the deceased died on account of antemortem strangulation, the applicant who has no criminal antecedents and is in custody since 16.09.2024, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Gulshan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat BAIL No. 1757 of 2025 2 or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. December 11, 2025 nishant BAIL No. 1757 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench