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2025 DAILYLAW 104645 (ALL)

MONU v. STATE OF U.P.

BAIL/35301/2025 · 2025-10-12

Samit Gopal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35301 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Shivesh Mishra, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Monu, enlargement on bail during trial in connection with Case Crime/F.I.R. No. 61 of 2025, U/s 80(2), 85 The Bhartiya Nyaya Sanhita, and U/s 3/4 D.P. Act, Police Station Shahpur, District- Muzaffarnagar. 4. The first information report of the present matter was lodged on 13.3.2025 by Ankit Kumar, against the applicant and 03 other persons alleging therein that the marriage of his sister Sarika was solemnized with Monu (the applicant) on 14.11.2024. After marriage the accused persons used to torture & trouble her for dowry. There was demand of Rs. 5 lakh as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 13.3.2025 have murdered her. He was given an information after which he along with other family members went there and found his sister to be dead. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that although the applicant is the husband of the deceased but he is not involved in the matter. It is submitted that the allegations as levelled against the applicant and other co-accused persons are general and omnibus in nature. While placing paragraph 9 of the affidavit it is submitted that even after about 04 years of marriage the deceased was not having any child and she was questioned over the issue by her relatives and neighbours and due to the same she was upset and committed suicide. It is submitted that charge sheet in the matter has been submitted against the applicant and other Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Shivesh Mishra Counsel for Opposite Party(s) : G.A. Monu .....Applicant(s) State of U.P. .....Opposite Party(s) accused persons on 12.6.2025, para-18 and annexure no. 8 being copy of charge sheet, have been placed before the Court for the same. It is submitted that the applicant has no criminal history as stated in para 19 and is in jail since 19.3.2025. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the husband of the deceased. It is submitted that the deceased died an unnatural death within seven years of marriage in her matrimonial house and there is an allegation of demand of dowry against the applicant and other co-accused persons. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. There is an allegation of demand of dowry, torture and harassment by the applicant and other co-accused persons. The deceased died unnaturally within seven years in her matrimonial house. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. October 13, 2025 Naresh BAIL No. 35301 of 2025 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad