Neutral Citation No. - 2025:AHC:3847 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46638 of 2024 Applicant :- Prabhat Alias Ramu Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Kumar Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mahendra Kumar Yadav, learned counsel for the applicant and Sri Santosh Pandey, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 239 of 2024, under Sections 85, 80, 91 BNS & 3/4 D.P. Act, Police Station- Kurawali, District- Mainpuri, during pendency of the trial in the court below. 3. FIR of the present case was lodged against applicant and his family members and according to FIR, marriage of the applicant was solemnized with the sister of the informant about one and half years before and after marriage, applicant and his family members tortured her for demand of a four wheeler and due to non- fulfillment of the demand of dowry, they have committed her murder. 4. Learned counsel for the applicant submitted that however, applicant is husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter along with his family members. He further submitted that actually deceased was short temper lady and on the date of incident, some matrimonial dispute arose between husband and wife and thereafter, applicant had gone and behind him, wife i.e. deceased hanged herself. 5. He further submitted that post-mortem report of the deceased also suggests that she died due to hanging. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 07.07.2024. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is the husband of the deceased and his wife died within one and half years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry and however, deceased died due to hanging but even suicidal death attracts the provisions of Section 80 BNS and applicant failed to properly explain the abnormal death of his wife and, therefore, considering the facts of the case, applicant should not be released on bail. 8. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Applicant is the husband of the deceased and his wife died within two years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry and however, after considering post-mortem report of the deceased, it reflects that deceased due to hanging but even suicidal death attracts the provisions of Section 80 BNS. 10. Further, however, applicant tried to explain the alleged suicide committed by his wife in paragraph no. 19 of the affidavit filed in support of the instant bail application but averment made by the applicant appears to be vague and general in nature, therefore, it appears that applicant, who is husband of the deceased, measurably failed to explain the abnormal death of his wife. 11. Therefore, considering the provisions of Sections 80 BNS and 118 Bharatiya Sakshya Adhiniyam, in my view applicant is not entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad