Neutral Citation No. - 2025:AHC:112724 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3605 of 2025 Applicant :- Sharad Kaushik Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- Bharat Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant, Sri Bharat Singh, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 559 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station-Katghar, District-Moradabad, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 29.11.2023, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of a Scorpio Car and Rs. 10,00,000/- as dowry, thereby leading her to death on 29.09.2024. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed and there is no explanation of the said delay caused. The deceased is stated to have fallen down from the third floor of the house of the applicant and after that applicant had rushed her to hospital whereby he was declared brought dead. There was an allegation by the informant that applicant had taken the refuge of admitting the deceased to hospital just to cover up his misdeed. The said allegations are false. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 01.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that the FIR is prompt as the incident is of the night of 29.09.2024 and the FIR was instituted the same night i.e. on 30.09.2024 at 01:28 AM. The cause of death was found to be shock and Hemorrhage due to ante-mortem injuries. The deceased had expired within the precincts of the house of the applicant, as such, the applicant is not entitled to be released on bail. 8. After hearing learned counsel for the parties and taking into consideration the fact that the deceased had expired within one year of marriage and there being demand of dowry soon before her death coupled with the fact that deceased expired within the precincts of the house of the applicant, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 11. 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 :- 14.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad