Neutral Citation No. - 2025:AHC:9266 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38304 of 2024 Applicant :- Abid Opposite Party :- State of U.P. Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.,Mukesh Chandra Gupta,Shubham Prakash Gupta Hon'ble Ashutosh Srivastava,J. Counter affidavit filed by the first informant today, as well as rejoinder affidavits to the counter affidavit filed by the first informant and State are taken on record. Heard Shri Sundeep Shukla, learned counsel for the applicant, learned counsel for the first informant and learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Abid, seeking enlargement on bail in Case Crime No. 306 of 2024, under Sections 85, 115 (2), 352, 351 (2), 117 (2), 109 of B.N.S. and 3/4 of Dowry Prohibition Act, 1961, Police Station- Mawana, Meerut. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 20.07.2024 against the family members of the applicant including the applicant with the allegation that the applicant and other accused persons were not satisfied from the dowry given in Nikah and on 04.03.2022 when the demand of car was not fulfilled Mehjabi the wife of the applicant was forcibly evicted from her matrimonial house. It has been further alleged that the applicant had illicit relationship with some lady and when this fact came to the knowledge of the wife of the applicant, she was beaten by the applicant and thrown from the roof on 17.07.2024. Learned counsel for the applicant further submits that the real fact is that on 17.07.20224, the injured wife of the applicant namely Mehjabi accidentally slipped from the roof while she was gardening at the morning and sustained injuries. She was admitted by the applicant in Anand Hospital, Meerut. On 19.07.2024 under the pressure of in-laws of the applicant she was discharged from Anand Hospital and they forcibly took the injured with them for better treatment and thereafter the present First Information Report has been lodged against the applicant and his family members. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the first informant as well as learned A.G.A. submit that this incident has occurred within a period of four years of marriage of the applicant and the victim. The victim in her statement which has been recorded under Section 180 B.N.S.S. after two months of the incident and that time too she was on stretcher which shows the gravity of injuries sustained by the injured. The witnesses namely Mohd. Waseem, Ishrat and Mohd. Intezaar have given statement with regard to quarrel between the applicant and injured and said that the applicant has thrown the injured from the roof. In the medical report of the Anand Hospital, Meerut, the injury is shown as L1 Fracture with Fracture cord compression and oedema with Fracture left hence the bail application of the applicant is liable to be rejected. Considering the aforesaid facts, circumstances, statements of the eyewitness, medical report and heinousness of offence, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, there appears to be no ground for bail. Accordingly, this Bail Application stands rejected. Order Date :- 20.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad