Neutral Citation No. - 2025:AHC:51221 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39925 of 2024 Applicant :- Mahendra @ Binda Opposite Party :- State of U.P. Counsel for Applicant :- Akshay Pratap,Piyush Sinha Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Piyush Sinha, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mahendra @ Binda, seeking enlargement on bail during trial in connection with Case Crime No. 513 of 2023, under Sections 498-A, 304-B IPC, and Section 3/4 D.P. Act, registered at P.S. Sumerpur, District Hamirpur. 4. The FIR of the matter was lodged on 19.10.2023 by Dwarika Prasad against the applicant and four other persons alleging therein that his daughter Manisha Devi was married to the applicant on 29.06.2020. In the marriage he had given motorcycle, gifts, Rs. 1 lakh cash along with jewellery as dowry. After marriage the accused persons were torturing his daughter and there was a demand of Rs. 5 lakh by him as dowry for purchase of house. He could not meet out the same and thus they were torturing her daughter. On 17.10.2023 the accused persons murdered his daughter. He was given an information in the morning on 18.10.2023 after which they reached there and found the dead body of the girl in the house and then police was called. 5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the applicant and the deceased were leading happy married life as appear from the fact that from the wedlock two children were born. It is submitted that the investigation in the matter has concluded and charge sheet has been submitted on which the court concerned has taken cognizance and the trial has started in which Dwarika Prasad has been examined as PW-1 whereas Smt. Amrita Devi has been examined as PW-2. It is submitted that the applicant was living with his wife separately from his parents and since he was not able to meet out her expectations and demand of money, the deceased committed suicide. It is submitted that the factum of suicide is also consistent with the postmortem examination report wherein the deceased was found to have received single ligature mark on her body and the cause of death is asphyxia as a result of antemortem hanging. It is submitted that the applicant has no criminal history as stated in para 8 of the affidavit and is in jail since 26.10.2023. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased. The deceased died within seven years of marriage in her matrimonial house. The death is unnatural. There is an allegation of demand of dowry by the applicant and other persons. It is submitted that the trial in the matter has started in which two witnesses have been examined who have supported the prosecution case. It is submitted that since the trial is under progress, release of the applicant may have an adverse effect in trial. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the husband of the deceased. The deceased died within seven years of marriage in her matrimonial house. The death is unnatural. There is an allegation of demand of dowry by the applicant and other persons. The trial is under progress in which two witnesses have been examined who have supported the prosecution case. Since the trial is going on, release of the applicant may have an adverse effect in trial. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. Order Date :- 9.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad