Neutral Citation No. - 2025:AHC:116949 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2783 of 2024 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- Anand Kumar Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ganesh Shankar Patel, Advocate holding brief of Sri Sanjay Srivastava, learned counsel for applicant, Sri Anand Kumar Singh, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in S.T. No.286 of 2021, arising out of Case Crime No.79 of 2020, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Akbarpur, District Kanpur Dehat with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about one day and there is no explanation of the said delay caused. Learned counsel has stated that there is no particular mentioning of the fact as to what was demanded in dowry, as such, ingredients of Section 304-B I.P.C. are not fulfilled. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 3.2.2020 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the cause of death was asphyxia as a result of antemortem throttling. It is further argued that the deceased had expired within the precincts of house of the applicant. The applicant is the husband of the deceased person, as such, he is not entitled for bail. 6. After hearing learned counsel for the parties and the cause of death being asphyxia as a result of antemortem throttling, I do not find it a fit case for grant of bail to the applicant. 7. The bail application is found devoid of merits and is, accordingly, rejected. 8. 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 :- 18.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad