Neutral Citation No. - 2025:AHC:11924 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2282 of 2025 Applicant :- Triloki Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Tripathi,Vijaya Nand Maurya Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ashutosh Kumar Tripathi, learned counsel for applicant and Sri Syed Ali Imam, learned counsel for the informant as well as Sri P.K. Giri, learned Additional Advocate General, assisted by Sri Sunil Kumar, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.330 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 Dowry Prohibition Act, Police Station- Sector-113, District- Gautam Buddh Nagar with the prayer to enlarge him on bail. PROSECUTION STORY: 4. The marriage of sister of the informant was solemnized with the applicant as per Hindu Rites on 9.5.2022. The applicant is stated to have subjected her to cruelty, as such, sister of the informant started living in the village. After much persuasion and intervention of the relatives, she was again sent with the applicant at Noida. The applicant is stated to have subjected her to cruelty for demand of money and car as dowry, thereby, leading her to death on 11.8.2024. ARGUMENTS ON BEHALF OF APPLICANT: 5. The applicant is innocent and has been falsely implicated in the present case. 6. The FIR is delayed as it was instituted on 12.8.2024 and there is no explanation of the said delay caused. 7. The applicant is a bona fide person as when it was revealed to the applicant that victim has conceived, he sent her to the village from Noida for care with her mother-in-law and father-in-law, but subsequently, her fetus aborted, as such, she was under metal trauma and came back to the house of the applicant at Noida. 8. The ultrasound examination report of the victim, which has been filed as Annexure-13 to the affidavit, indicates that there was some echogenic collection in her uterus which indicated RPOC, which means retained products of conception. It implies that she was unable to bear a child in future. 9. The said fact having come to the knowledge of the deceased person led her to commit suicide. The said suicide has not been committed due to the demand of dowry. 10. There is no criminal history of the applicant. The applicant is languishing in jail since 13.8.2024 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/OPPOSITE PARTY: 11. The bail application has been opposed on the ground that the FIR has been instituted against the applicant only, i.e. husband and no other family members have been implicated. The deceased has expired within the precincts of house of the applicant at Noida and the applicant has to explain the circumstances in which she has expired. 12. The word RPOC does not indicate that she cannot conceive any more. The said fact has not been mentioned in the medical report anywhere. The concept of RPOC is but natural after having conceived earlier on. It only indicates the same. CONCLUSION: 13. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, considering the complicity of accused, severity of punishment and taking into consideration that the deceased has expired within the precincts of house of the applicant, without commenting any opinion on the merits of the case, this Court is not inclined to release the applicant on bail. 14. The bail application is found devoid of merits and is, accordingly, rejected. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.1.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad