Neutral Citation No. - 2025:AHC:41741 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47227 of 2024 Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Singh,Sujata Choudhary Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Sujata Choudhary, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State of U.P. and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Vikas, seeking enlargement on bail during trial in connection with Case Crime No. 40 of 2024, under Sections 498A, 323, 304B IPC read with Section 3/4 Dowry Prohibition Act, registered at P.S. Sardhana, District- Meerut. 4. A First Information Report of the matter was lodged on 27.1.2024 by Chaman Lal against Vikas/husband (the present applicant), Smt. Kamla (mother-in-law), Ashok (devar) and Gaurav (devar) with the allegation that his daughter Lalita was married around 4 years back with Vikas in which he had spent about Rs.5 lakh as per his status and had given gifts, motorcycle, jewellery of gold and silver etc. but the accused persons were not happy with the dowry. After some days of marriage the accused persons started torturing his daughter and started raising demand of dowry and used to beat her. In the meantime his daughter gave birth to a girl after which torture increased and they continued with their demand and used to assault her. On 26.1.2024 at about 11:00 a.m. his daughter told him that the accused persons assaulted her for dowry and called him immediately, on which he with some other persons reached there and found his daughter hanging and died. Report be lodged and action be taken. 5. The post mortem report was conducted in which the doctor found a ligature mark and cause of death was opined as asphyxia as a result of ante mortem hanging. A suicide note was also recovered, copy of which has been placed before the Court which is annexure no. 5 to the affidavit. 6. Learned counsel for the applicant submitted that although the applicant is husband of the deceased but he has been falsely implicated in the present case. It is submitted that as a matter of fact marriage of the sister of the applicant namely Sonam was proposed to be solemnized on 07.03.2024 and applicant wants to give gifts and make some expenses in the marriage of his sister but the deceased was not ready for that and some dispute arose between the husband and the wife for the said reason and in the same consequences, she committed suicide as she was not happy that her husband help his mother for the marriage of his sister, para-17 of the affidavit has been placed before the Court for the same. It is further submitted that in the suicide note there is no reference of any demand of dowry. While placing para-25 of the affidavit it is submitted that three prosecution witnesses have been examined in the trial and they have not supported the prosecution case. It is submitted that co-accused Smt. Kamla Devi (mother-in- law), Ashok (devar) and Gaurav (devar) have been granted bail by a co-ordinate Bench of this Court vide order dated 31.7.2024 passed in Criminal Misc. Bail Application No. 25772 of 2024 and vide order dated 22.11.2024 passed in Criminal Misc. Bail Application No. 41731 of 2024 respectively, copies of the said orders have been collectively annexed as annexure no. 9 to the affidavit. It is submitted that P.W.-1/Chaman Lal, P.W.-2/Smt. Tarawati and P.W.-3/Jyoti the younger sister of the deceased have not supported the prosecution case and have been declared hostile. It is submitted that looking to the same, the applicant who is having no criminal history, be released on bail. 7. Per contra, learned A.G.A. opposed the prayer for bail and submitted that the deceased died within 04 years of her marriage and death is unnatural. It is submitted that there is a demand of dowry and allegations of torture. Further it is submitted while placing the order of co-accused Smt. Kamla Devi which is annexure no. 9 to the affidavit and page no. 153 of the paper book, that the case therein was that the deceased and her husband were living together and separately from the other co-accused accused. It is submitted that trial in the present matter is going on in which 3 prosecution witnesses have been examined and as such release of the applicant at this stage may have an adverse effect in the trial. It is prayed that the prayer for bail be rejected. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is husband of the deceased. The deceased died within 07 years of marriage. There is demand of dowry and allegation of torture and assault on the deceased. The post mortem report of the deceased goes to show that she has received a ligature mark on her body. Further C-2 and C-3 vertebra were found to be fractured. The trial in the matter is going on in which three prosecution witnesses have been examined and it is for the trial court to appreciate the said statements at the appropriate stage. 9. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. (Samit Gopal,J.) Order Date :- 19.3.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad