Neutral Citation No. - 2025:AHC:39125 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5993 of 2025 Applicant :- Abhishek Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Bansal,Shivam Yadav Counsel for Opposite Party :- G.A.,Kapil Tyagi,Pankaj Kumar Tyagi Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Shivam Yadav, learned counsel for the applicant, Sri Ashish Tyagi, Advocate holding brief of Sri Kapil Tyagi, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Abhishek Tyagi, seeking enlargement on bail during trial in connection with Case Crime No. 108 of 2024, under Sections 80(2), 85 BNS and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Railway Road, District Meerut. 4. The first information report of the present matter was lodged on 04.09.2024 by Rajendra Tyagi against the applicant, Rajni / mother-in-law, Anjali / nand and Divya / nand with the allegation that his daughter Pooja Tyagi was married with Abhishek on 02.12.2019. After marriage the in-laws started torturing & assauling her and indulged in domestic violence with her. In the marriage gifts, jewellery was given but her in-laws were not happy with it and there was demand of Rs. five lakhs and jewellery of gold. He informed them that he is unable to meet out the same. The accused persons used to assault and threaten her and compelled her to commit suicide due to which she committed suicide. 5. The postmortem examination of the deceased was conducted on 04.09.2024 and the following injury was noted by the doctor as Anti-Mortem injuries:- "1. Ligature mark of size 24cm x 1.5cm present in neck starting from below left mandible, 2cm away from left ear, extending to mid neck at position, 5cm below chin & 10cm above supra sternal notch, going to right side of neck, 3cm below right mandibular angle to 5cm below right ear and then ending in midline back of neck, 4cm below occiput. Total neck circumference is 30cm. No other mark of injury seen on body except ligature márk." 6. The cause of death was opined as asphyxia due to constriction around neck caused by Ante-Mortem Hanging. Further the doctor found C2 vertebra fractured. 7. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been been falsely implicated in the present case. It is submitted while placing paragraph 22 & 23 of the affidavit that as a matter of fact the deceased had applied for examination to the post of Constable in Civil Police of U.P. and she did not do well in the examination and as such was extremely depressed. It is further submitted that the deceased has been giving examination since the past 08 years and it was her last attempt and after not doing well she was in trauma. It is submitted that the applicant and the deceased were having good relations which is evident from the fact that one child was born from the wedlock. While placing paragraph 29 it is submitted that the deceased and the applicant were leading happy married life and chats have been placed which are annexed as Annexure-9 & 14 to the affidavit.Further while placing paragraph 17 it is submitted that charge-sheet in the matter has been submitted against the applicant and the mother-in-law whereas two other co-accused have been exonerated. It is submitted that co-accused Rajni Tyagi the mother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 06.01.2025 passed in Criminal Misc. Bail Application No. 46314 of 2024, the copy of the said order is annexed as Annexure-16 to the affidavit. The applicant has no criminal history as stated in para 38 and is in jail since 30.09.2024. 8. Per contra, learned counsel for the first informant vehemently opposed the prayer for bail and submitted that the applicant is the husband of the deceased and has been assigned specific role in the matter. It is submitted that there is an allegation of demand of dowry of Rs. 5 lakhs and jewellery from the deceased. It is submitted that the deceased died within seven years of marriage in her matrimonial house and the death is unnatural. It is further submitted that the alleged photographs which are being relied upon and are annexed as Annexure-14 to the affidavit are not part of investigation. 9. Learned counsel for the State also opposed the prayer for bail and submitted that the deceased died within seven years of marriage in her matrimonial house and the death is unnatural. It is submitted that the applicant is the husband of the deceased who is named in the first information report. There is allegation of demand of dowry. 10. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. The deceased died within seven years of marriage in her matrimonial house. The death is unnatural. There is allegation of demand of dowry. The postmortem examination report of the deceased shows that the deceased has suffered fracture of C2 vertebra. The burden as is being discharged by the applicant regarding the death of his wife in his house does not transpire confidence. In so far as co-accused who has been granted bail is concerned, she was mother-in-law of the deceased and as such her case is distinguishable with that of the applicant. No ground for bail exists. 11. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 12. Pending application (s), if any, shall stand disposed of. Order Date :- 19.3.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad