Neutral Citation No. - 2025:AHC-LKO:19347 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11977 of 2024 Applicant :- Niyaj Ahmad @ Farhan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko Counsel for Applicant :- Syed Mohd Mahmood Hasan Counsel for Opposite Party :- G.A.,Gaurav Mani,Lalla Chauhan Hon'ble Subhash Vidyarthi,J. 1. Heard Syed Mohd Mahmood Hasan, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A. for the State and Sri Lall Chauhan, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 691 of 2023, under Sections 323, 304-B, 498-A, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Gomti Nagar, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.12.2003 against the applicant and his family members stating that the informant has got her daughter married to the applicant about one and a half years ago. All the accused persons used to harass her daughter for demanding dowry. The informant received information from unknown persons that her daughter got injured and was admitted to Lohia Hospital, Lucknow. Upon reaching the hospital, the informant found that his daughter died. The post-mortem report of the deceased mentions a contusion present on left side of top of head and ligature mark 18x4 cm present on neck below thyroid cartilage and the cause of death has been opined to be as asphyxia due to ante-mortem strangulation. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. During investigation, the allegation against the co-accused persons could not be established and the charge-sheet was submitted against the applicant only. 6. The State has filed a counter affidavit opposing the bail application. In her statement, the informant had stated that her daughter and son-in-law (the applicant) used to reside separately from his family members. 7. The informant has filed a counter affidavit annexing therewith the complete copy of the statement of the informant recorded by the Trial Court. She has supported the prosecution version. The copy of the order dated 15.02.2025 passed by the Trial Court has also been annexed with the counter affidavit, wherein the Trial Court has recorded examination-in-chief of PW-1 was completed on 19.02.2024. As many as 11 dates have been fixed thereafter but she has not been cross-examined by the learned counsel for the applicant, therefore, the opportunity to cross-examine PW-1 has been closed. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant's wife died within one and a half years of marriage due to strangulation in his house and besides a ligature mark on her neck, she also suffered a contusion on her head; a copy of the order dated 15.02.2025 reveals that even though the applicant is in custody, he is not co-operating with the proceedings of trial causing delay in the proceedings, I am of the view that the aforesaid facts do not warrant exercising the powers of this Court to enlarge the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands rejected. (Subhash Vidyarthi, J.) Order Date :- 3.4.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench