Neutral Citation No. - 2025:AHC-LKO:2228 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8325 of 2024 Applicant :- Rohit @ Rohit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Counsel for Applicant :- Dinesh Pratap Singh Counsel for Opposite Party :- G.A.,Akhilesh Singh Chauhan Hon'ble Rajeev Singh,J. 1. Heard Sri Dinesh Pratap Singh, learned counsel for the applicant, Sri Piyush Singh, learned A.G.A. for the State of U.P. as well as Sri Akhilesh Singh Chauhan, learned counsel for informant and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.0082 of 2024, under Sections 498-A, 304-B I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Hasanganj, District Unnao with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. He also submits that applicant entered into marriage with the deceased on their choice. As the marriage of the deceased was solemnized with the applicant against the wishes of her family members, as a result they were annoyed with the applicant as well as the deceased. She (deceased) was being mentally tortured by her family members as a result she committed suicide. Learned counsel for applicant relies upon a document received under the R.T.I. Act which was given by the police stating therein that the door was broken and the dead body of the deceased was lying down. It is the submission of the applicant that though the marriage of the applicant with the deceased was against the wishes of her family members, but they were enjoying their matrimonial life, but due to mental torture by her family members, his wife (deceased) committed suicide. Thereafter, due to annoyance, the F.I.R. in question was lodged against all the family members of the applicant. He also submitted that no one has seen the incident and the cause of death is asphyxia as a result of ante mortem hanging. He also submitted that the co-accused Rajkumar alias Teni and Smt. Sarojani (parents of the applicant) have already been granted bail by this Court. He submits that the applicant is in jail since 04.04.2024, therefore, he is also entitled for bail. 4. Learned A.G.A. and the learned counsel for informant have opposed the prayer of bail of the applicant. Learned A.G.A. submits that since the applicant is a named accused therefore, he does not deserve any indulgence by this Court. The applicant is husband of the deceased. The deceased was a young girl aged about 24 years who has been put to death just after ten months of her marriage. The death of the deceased has occurred within seven years of her marriage and in her marital home. As such, the same is a dowry death. Since the applicant is the husband of the deceased and an inmate of the house, therefore by virtue of the provisions contained in Sections 103 and 106 of the Evidence Act, the burden is upon the applicant not only to explain the manner of occurrence but also his innocence. However, up to this stage, the applicant has miserably failed to discharge the said burden. It is thus contended that no sympathy be shown by this Court in favour of the applicant. Apart from this, learned counsel for informant has placed before this Court a copy of F.I.R. No.0337 of 2021 dated 21.10.2021, which was lodged by one Kaptan Singh against the present applicant and his five associates under Sections 143, 147, 148, 149, 452, 364, 427 and 506 I.P.C., police station Hasanganj, district Unnao, in which the present applicant was the main accused. According to the said F.I.R., the present applicant along with his five associates armed with illegal weapons entered the house of the complainant and abducted his daughter, namely, Shivani forcibly. 5. Considering the submissions of learned counsel for the applicant, learned counsel for informant as well as learned A.G.A. and going through the contents of the F.I.R. as well as other relevant documents including the inquest report and the F.I.R. and also the contents of F.I.R. No.0337 of 2021 dated 21.10.2021, no case is made out for bail. 6. Accordingly, the bail application is hereby rejected. 7. Trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournments to either of the parties. Order Date :- 13.1.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench