Neutral Citation No. - 2025:AHC:7051 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46932 of 2024 Applicant :- Moh. Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Pal Counsel for Opposite Party :- Brijesh Singh,G.A.,Sushil Kumar Shukla Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ramesh Chandra Pal, learned counsel for the applicant, Sri Brijesh Singh, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I 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 Moh. Rizwan, seeking enlargement on bail during trial in connection with Case Crime No. 243 of 2023, under Sections 498-A, 304-B, 323, 506, 34, 316 IPC and Section 3/4 D.P. Act, registered at P.S. Rasulabad, District Kanpur Dehat. 4. The FIR of the matter was lodged on 29.06.2023 by Mohd. Jalal against the applicant and six other persons alleging therein that his daughter Israt was lured and enticed away by the applicant on 18.04.2019 after which they solemnized Nikah. There was torture and demand of dowry by the accused persons on which he gave Rs. 1,20,000/- to them. After that again there was a demand of additional dowry of Rs. 1 lakh and gold chain by the accused persons including the applicant. On 23.06.2023 at about 11:00 am the accused persons assaulted the deceased and murdered her and hung her. She was having pregnancy of four months. The FIR has thus been lodged. 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 deceased committed suicide and died. It is submitted that Mohd. Jalal the father of the deceased, Asif and Raja the brothers of the deceased and Mohd. Abujar the maternal uncle of the deceased were the witnesses of the inquest which was conducted on 24.06.2023 but they did not make any complaint about any such incident and the cause of death was opined by them due to suicide. It is submitted that subsequently on 29.06.2023 the present FIR has been lodged. It is further submitted that the trial in the matter has started in which two witnesses have been examined and as such there are no chances of the applicant tampering with evidence. It is further submitted that Smt. Ashama the mother-in-law of the deceased has been granted bail by this Court vide order dated 21.11.2023 passed in Crl. Misc. Bail Application No. 49287 of 2023 (Ashama Vs. State of U.P.), copy of the order is annexed as annexure 7 to the affidavit. It is further submitted that the cause of death opined by the doctor is asphyxia as a result of hanging which is consistent with suicide. It is submitted that the applicant has no criminal history as stated in para 31 of the affidavit and is in jail since 30.06.2023. 6. Per contra, learned counsel for the first informant and 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 in her matrimonial house within 7 years of marriage. There is an allegation for demand of dowry. It is submitted that apart from a ligature mark, the deceased was found further to have received five contusions on her body which would go to show that she was beaten and tortured soon before her death. It is further submitted that the deceased was found to be having a pregnancy of four months as the doctor found a four months old fetus. It is submitted that in the trial two witnesses namely Mohd. Jalal the first informant was examined as PW-1 and Khushnuma was examined as PW-2 who have supported the prosecution case. It is submitted that in so far as the co-accused is concerned, she was mother-in- law and the case of the applicant is distinguishable with that of the said accused. 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 was found to have received five contusions and one ligature mark. There is no explanation coming from the side of the applicant as to why the deceased committed suicide. The deceased was further found to be having pregnancy of four months. Co-accused who has been granted bail is mother-in- law and as such her case was different from that of the applicant. The trial in the matter is going on in which two witnesses have been examined who have supported the prosecution case. 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 :- 16.1.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad