Neutral Citation No. - 2025:AHC:36971 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3140 of 2025 Applicant :- Ramjeet Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Krishna S Chandel,Vinod Kumar Chandel Counsel for Opposite Party :- G.A.,Neeraj Kumar Srivastava,Yogesh Kumar Pandey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mayank Krishna S. Chandel, learned counsel for the applicant, Sri Pankaj Kumar, Advocate holding brief of Sri Neeraj Kumar Srivastava, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. Office to trace out the vakalatnama of learned counsel for the first informant and place it on record and make a note in the order sheet. 4. This bail application under Section 483 BNSS has been filed by the applicant Ramjeet Sonkar, seeking enlargement on bail during trial in connection with Case Crime No. 0307 of 2024, under Sections 85, 80(2) of BNS and Section 3/4 D.P. Act registered at P.S. Mohammadabad, District Mau. 5. The FIR of the matter was lodged on 11.09.2024 by Basant Sonkar against the applicant, Poonam Sonkar, Ratilal Sonkar and Jawant Sonkar with the allegation that his sister Rekha Sonkar was married to the applicant on 27.02.2024. He had given Rs. 1 lakh cash and dowry in the marriage. The accused persons used to torture his sister due to less dowry. On 11.09.2024 at about 10:00 am the accused persons due to demand of dowry murdered his sister by hanging her with sari. He received an information about it and then he reached her house and found her body to be lying on the bed. Report be lodged and action be taken. 6. 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 was found to have received single ligature mark on the body and the cause of death is asphyxia as a result of ante-mortem hanging which is suggestive of committing suicide. It is submitted while placing para 19 and annexure 6 of the affidavit that the investigation in the matter has concluded and report under Section 193 BNSS has been submitted against the applicant, Ramjeet Sonkar and Ratilal Sonkar for offences under Sections 85, 80(2) of BNS and 3/4 D.P. Act whereas the other accused namely Vimli Sonkar and Jaswant Sonkar were exonerated and their names are mentioned in the list of accused not charge-sheeted in the said report. It is submitted further while placing para 11 of the affidavit that the deceased committed suicide for secret reason which does not relate to the applicant and his family members. It is further submitted that at the time of incident, the applicant was not present and has gone in the market for business, para 13 and 14 of the affidavit has been placed before the Court. It is further submitted that co-accused Ratilal Sonkar (devar) of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 06.01.2025 passed in Crl. Misc. Bail Application No. 47529 of 2024 (Ratilal Sonkar Vs. State of U.P.), copy of the order is annexed as annexure 7 of the affidavit. It is further submitted that the applicant has no criminal history as stated in para 34 of the affidavit and is in jail since 13.09.2024. 7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail. It is submitted that the marriage of the applicant with the deceased was solemnized on 27.02.2024 and after about seven months of marriage she died on 11.09.2024. It is submitted that the applicant is the husband of the deceased and there are allegations against him. There is also an allegation of demand of dowry and torture upon the deceased. It is further submitted that the deceased died in her matrimonial house within seven years of marriage. The death is unnatural. 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. 8. 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 the marriage in her matrimonial house. The death is unnatural. There is an allegation of torture and demand of dowry by the applicant and co- accused persons. The postmortem examination report of the deceased goes to show that she was having a gravid uterus which was of about 10-12 weeks fetus. Woman committing suicide at this stage of pregnancy is very unnatural, moreso the applicant himself in para no. 11 states that she committed suicide due to some secret reason, the same is not discharge of the burden of the husband regarding unnatural death of his wife. In so far as the co-accused Ratilal Sonkar who has been granted bail is concerned, he is the devar of the deceased. The case of the applicant is thus distinguishable with that of co-accused. I do not find it a fit case for bail. 9. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. Order Date :- 17.3.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad