Neutral Citation No. - 2025:AHC:14111 Reserved Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38688 of 2024 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. The present second bail application has been filed by the applicant in Case Crime No. 228 of 2023, under Sections - 304-B, 498-A I.P.C. and Section - 3/4 D.P. Act, Police Station - Mirhachi, District - Etah, with the prayer to enlarge the applicant on bail. 4. The first bail application of the applicant was rejected by this Court vide order dated 01.04.2024, which is reproduced as below :- "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant in case crime No. 228/2023, under Section 498A, 304B IPC and Section 3/4 D.P. Act, police station Mirhachi, District Etah with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has not committed any offence. Applicant is husband of deceased. It was submitted that the marriage of deceased with applicant has taken place on 19.11.2021 and out of that marriage, they have one girl child. The allegations of dowry demand and harassment of deceased made against the applicant are wholly false. Learned counsel submitted that on 20.08.2023 it was the birthday of the child of deceased and deceased was insisting to celebrate the same and since then she was upset. It was pointed out that on 24.08.2023 she jumped into the river along with her child. In this connection, learned counsel has referred statement of one eye witness Raju, who has inter-alia stated that while he has gone for fishing, a lady having a child in her lap, has jumped into the river. The dead body of both the deceased persons were recovered after two days of the incident. It was submitted that there is no evidence that deceased was being harassed on account of dowry soon before her death and she has committed suicide. Lastly, it was submitted that the applicant is in judicial custody since 22.09.2023, having no previous criminal antecedent, and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for bail and argued that there are allegations that deceased was being harassed on account of dowry. In the incident, deceased as well as her one year child have suffered death due to drowning. Statements of material witnesses are yet to be recorded before the trial court. 5. Considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the matter, no case for grant of bail is made out. 6. Accordingly, the instant bail application filed on behalf of applicant Gaurav is rejected." 5. Learned counsel for the applicant submitted that applicant is husband of deceased and he has been falsely implicated in this case. The allegations of dowry demand and harassment of deceased levelled against applicant are wholly false. It was submitted that deceased was a lady of peevish nature and on 24.08.2023, deceased has left her home along with her minor daughter, in anger and committed suicide along with her minor daughter by jumping into Hazara Canal and nobody has pushed the deceased into canal. In post-mortem report, cause of death of deceased has been shown ante-mortem drowning. Prior to death of deceased, no complaint was made against applicant regarding any harassment of deceased. It was submitted that first bail application of applicant was rejected by this Court vide order dated 01.04.2024 but so far only three witnesses have been examined. Statement of one Riyaz Ali and Meharban were referred and it was submitted that deceased, along with her minor daughter, herself has jumped into canal. Lastly, it was submitted that applicant is languishing in jail since 21.09.2023 and during trial, only three witnesses have been examined and thus, trial of the case would take sufficient long time. 6. Learned A.G.A. has opposed the prayer for bail and submitted that first bail application of applicant has already been rejected on merits and that no new circumstance would be shown. There is allegation against applicant that applicant used to harass the deceased on account of dowry and the deceased along with her minor daughter was done to death by throwing into canal. Statement of P.W.-1 Bhawar Pal Singh, who is father of deceased Sarita, recorded before the trial court was referred, wherein he has inter-alia stated that some days prior to 'Rakchabandhan', the applicant was bringing the deceased and her minor daughter to her parental home and that in the way he has thrown them into canal. 7. I have considered the rival submissions and perused the record. 8. The applicant is husband of deceased and there are allegations that deceased Sarita along with her minor daughter was thrown into canal. The dead body of both the deceased persons were recovered after two days. The informant has supported the prosecution version during trial. 9. Considering submissions of learned counsel for the parties and all attending facts of the case, without expressing any opinion on merits, no case for grant of bail is made out. 10. Accordingly, the instant second bail application filed on behalf of applicant - Gaurav is rejected. Order Date :- 31.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad